The mission of OCFEC is… CELEBRATION OF ORANGE COUNTY’S COMMUNITIES, INTERESTS, AGRICULTURE AND HERITAGE (with results justifying resources expended)
NOTICE OF MEETING 32ND District Agricultural Association OCFEC Board of Directors Thursday, February 25, 2016 9:00 a.m.
Administration Building OC Fair & Event Center 88 Fair Drive Costa Mesa, California
Board of Directors
Gerardo Mouet, Board Chair Nick Berardino, Vice Chair Ashleigh Aitken, Member Barbara Bagneris, Member Stanley Tkaczyk, Member Sandra Cervantes, Member Douglas La Belle, Member Robert Ruiz, Member
Secretary-Treasurer 32nd DAA Counsel Kathy Kramer CFE, CMP Deborah Fletcher Chief Executive Officer, OCFEC Office of the California Attorney General
Those persons wishing to attend the meeting and who may require special accommodations pursuant to the provisions of the Americans with Disabilities Act are requested to contact the office of the 32nd District Agricultural Association (714) 708-1500, at least five working days prior to the meeting to insure the proper arrangements can be made.
At the discretion of the Board of Directors, all items appearing on this Agenda, whether or not expressly listed for action, may be deliberated and may be subject to action by the Board of Directors. The Board may convene to closed session pursuant to Government Code section 11126, subdivisions (a) and (e) to consider personnel evaluation and/or possible litigation. Items may not necessarily be taken up in the order shown on this Agenda. This agenda, and all notices required by the Bagley-Keene Open Meeting Act are available on the Internet at: www.ocfair.com OC FAIR & EVENT CENTER, 32ND DAA BOARD OF DIRECTORS MEETING February 25, 2016, PAGE 2 OF 5
AGENDA
1. CALL TO ORDER All matters noticed on this agenda, in any category, may be considered for action as listed. Any item not so noticed may not be considered. Items listed on this Agenda may be considered in any order, at the discretion of the chairperson.
2. THE MISSION OF OCFEC IS… Celebration of Orange County’s Communities, Interests, Agriculture and Heritage (with results justifying resources expended).
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL (Policy 4.5.2.B)
5. CEO’S OPERATIONAL ANNOUNCEMENTS AND UPDATES
6. MATTERS OF PUBLIC COMMENT Public comment is allowed on issues NOT on the current Agenda. However, no debate by the Board shall be permitted on such public comments, and no action will be taken on such public comment items at this time, as law requires formal public notice prior to any action on a docket item. Speakers are requested to sign in prior to the start of the meeting and are limited to three minutes.
Comments will be accepted on Agenda items during the meeting. Speakers wishing to address the Board on items on the agenda are requested to sign in prior to the start of the meeting and identify the agenda item(s) on which you desire to address the Board. Speakers are limited to three minutes.
7. MINUTES:
A. Board Meeting held January 28, 2016 Action Item
8. CONSENT CALENDAR: (Policy 4.3.4) All matters listed under Consent Calendar are operational matters about which the Board has governing policies, implementation of which is delegated to the CEO. They will be enacted in one motion. There will be no discussion of these items prior to the time the Board of Directors votes on the motion, unless members of the board, staff or public request specific items to be discussed separately and/or removed from this section. Any member of the public who wishes to discuss Consent Calendar items should notify the Chair of the Board, at the time requested and be recognized by invitation of the Chair to address the Board.
A. Standard Agreements: SA-019-16AS(Revised); SA-39-16HH; SA-043-16FT; SA-046- 16YR; SA-047-16LL; SA-048-16YR
B. Amendments: SA-21-14SP AM #1
C. Interagency Agreements: SA-042-16IA
OC FAIR & EVENT CENTER, 32ND DAA BOARD OF DIRECTORS MEETING February 25, 2016, PAGE 3 OF 5
D. Letters of Understanding: none
E. Rental Agreements: R-001-16; R-006-16; R-007-16; R-008-16; R-018-16; R-026-16; R-030-16; R-031-16; R-034-16; R-046-16; R-050-16; R-052-16; R-056-16; R-062-16; R-064-16; R-066-16; R-069-16; R-078-16
F. Active Joint Powers Authority Agreements: none
G. Correspondence Communications to the Board from the public in response to Board discussion or to comments made before the Board are to be listed on the meeting agenda and included in the Board materials as an item of public disclosure.
i. none.
-End of Consent Calendar-
9. GOVERNANCE PROCESS
A. Committee / Task Force / Liaison Reports Information Item
To assure compliance with the Bagley-Keene Act, Committee reports are only for the purpose of the Committee chair, Task Force members or Liaison to provide a verbal update. Should the Board want to discuss any Committee work item not already on the agenda; those would need to be agendized for a future Board meeting.
i. Centennial Farm Foundation Board (Chair Mouet) ii. Heroes Hall Foundation Board (Vice Chair Berardino, Director La Belle) iii. Financial Monitoring Committee (Chair Mouet, Director Bagneris) iv. Workers Memorial Task Force (Vice Chair Berardino, Director Aitken) v. 2016 O C Fair City Liaison Committee (Director La Belle, Director Cervantes) vi. Legislative Monitoring Task Force (Vice Chair Berardino, Director Aitken) vii. Organizational Needs Assessment Task Force (Director La Belle, Director Ruiz) viii. Tenant Liaison Committee (Director Tkaczyk, Director Berardino) ix. Consumer Initiatives Task Force (Director Tkaczyk, Director Bagneris) x. Ticketing Policy Review Task Force (Director Tkaczyk, Director Bagneris)
B. Approval of Legislative Representation Services Action Item
C. Approval of Barbara Venezia for Heroes Hall Veterans Foundation Board Member Action Item
D. Consumer Initiatives Task Force Recommendation for 2016 Concessionaire Commission Percentage Action Item
E. Centennial Farm Foundation MOU Information Item
OC FAIR & EVENT CENTER, 32ND DAA BOARD OF DIRECTORS MEETING February 25, 2016, PAGE 4 OF 5
F. Heroes Hall Construction Project 1. Authorize CFFA to Award Contract for Heroes Hall Construction Project Action Item
2. Approve Letter of Understanding with CFFA to provide project management services for the Heroes Hall Construction Project Action Item
G. Legal Fees Paid to Date by Association for the Formation of Heroes Hall Veterans Foundation Action Item
H. OC Market Place Rental Agreement Assignment and Spectra Contract Extension 1. Requesting Board approval of negotiations between Spectra and Tel Phil for the purchase of the OC Market Place by Spectra from Tel Phil. The requested approval is limited to negotiations. Action Item
2. Request Board approval for Contract Extension for Spectra, the Association's master concessionaire, subject to Spectra's purchase of the OC Market Place from Tel Phil. Spectra's contract currently expires December 31, 2017. The extension would be for six years, through December 31, 2023. Action Item
10. CLOSED SESSION (Closed to the Public)
A. Pending Litigation – The Board will meet in closed session to consult with legal counsel regarding the following pending litigation. [Gov. Code section 11126(e).]
i. To confer with and receive advice from legal counsel regarding potential litigation involving the 32nd District Agricultural Association. Based on existing facts and circumstances, the Board of Directors will decide whether to initiate litigation. (Govt. Code, § 11126, subd. (e).)
ii. To confer with and receive advice from legal counsel regarding potential litigation involving the 32nd District Agricultural Association. Based on existing facts and circumstances, there is significant exposure to litigation against the 32nd District Agricultural Association. (Govt. Code, § 11126, subd. (e).)
B. Personnel: The Board will meet in closed session to consider the evaluation of performance of the General Manager / CEO. [Gov. Code, § 11126, subd. (a).]
11. BOARD OF DIRECTORS MATTERS OF INFORMATION
12. NEXT BOARD MEETING: MARCH 24, 2016
OC FAIR & EVENT CENTER, 32ND DAA BOARD OF DIRECTORS MEETING February 25, 2016, PAGE 5 OF 5
13. ADJOURNMENT
Respectfully submitted,
Kathy Kramer CFE, CMP Secretary-Treasurer Chief Executive Officer, OCFEC Date of notice: 4:00 p.m. February 12, 2016
The following financial reports as of December 31, 2015 are enclosed for your reference.
Balance Sheet The increase in Building and Improvements is primarily due to the capitalization of construction costs for the completion of the Pacific Amphitheater renovation in 2015.
Income Statement December 2015 year-to-date revenues exceed expenses by $5,564,656, which is favorable to the budgeted net proceeds of $974,106 by $4,590,550. Excluding performance in the Major Projects category, for which the entire 2015 budget of $528K was recorded in January, net proceeds year-to-date is favorable to the budget by $4,293,576.
Total year-to-date revenues of $39,785,380 are favorable to the budget by $4,417,931 primarily due to favorable performance of the Fair ($2.1M). Additionally, there has been favorable performance in Event Services Facility Rental Revenue of $531K and Event Services Other Event Revenue of $1.8M This favorable revenue performance can be attributed to revenue increases in admissions ($9K), parking sales ($722K), personnel services ($406K), equipment rental ($249K), caters ($68K) and concessions ($331K).
Total year-to-date operating expenses of $30,978,122 are favorable to budget by $498,091. Expenses in most major categories are below or close to budget. Payroll and Related expense is favorable to budget by $996K due primarily to timing and unfilled positions.
Statement of Cash Flows As of December 31, 2015, OCFEC’s cash on hand is $33,577,520, an increase of $4,758,189 during 2015. Operating activities have resulted in a net cash inflow of $9,241,743 for the year. Investing activities in the form of capital expenditures have resulted in a net outflow of $4,596,054 for the year.
OC Fair & Event Center • 32nd District Agricultural Association 88 Fair Drive, Costa Mesa, CA 92626 • (714) 708-1500 • ocfair.com
32nd DAA OC Fair & Event Center Year to Date Business Unit Financial Results
As of December 31, 2015 December 2015 YTD Revenue Performance
Budget Actual Forecast $45.0
$40.0
$35.0
$30.0
$25.0
$20.0
$15.0
$10.0
$5.0
$0.0 Jul Apr Oct Jun Jan Feb Mar Aug Sep Nov Dec May
December 2015 YTD Operating Expense Performance
Budget Actual Forecast $35.0
$30.0
$25.0
$20.0
$15.0
$10.0
$5.0
$0.0 Jul Apr Oct Jan Jun Mar Feb Aug Sep Nov Dec May December 2015 YTD Contribution Margin by Business Unit
15.0
10.0
5.0
- Self-Produced Events PacAmp Overhead $ in millions
(5.0)
(10.0)
(15.0)
YTD Actual YTD Budget
OC Fair & Event Center Cash Flow Summary by Business Unit
Year to Date as of December, 2015
2015 2015 2014 2015 Year to Date Year to Date Year to Date Full Year Actual Budget Actual Budget Contribution Margins:
Self-Produced Events Business Unit 11.2 10.0 13.2 10.0
Events Business Unit 5.5 3.5 4.9 3.5
Pacific Amphitheatre Business Unit 1.6 1.1 1.5 1.1
Total Business Unit Contribution Margin 18.3 14.5 19.6 14.5
Net Overhead Expense (Cash) (9.8) (11.2) (9.7) (11.2)
Net Cash Provided (Used) Subtotal 8.5 3.4 9.9 3.4
Major Projects (0.2) (0.5) (0.2) (0.5) Capital Expenditures (4.6) (7.9) Balance Sheet Changes 0.7 (0.7)
Net Increase (Decrease) in Cash 4.4 2.8 1.1 2.8 Year-Round Events Business Unit December 2015 YTD Contribution Margin
10.0
8.0
6.0
4.0
2.0
- Actual Budget PY Actual
(2.0)
(4.0)
Direct Revenue Direct Expense Contribution Margin
Year-Round Events Business Unit Contribution Margin Statement Year to Date as of December, 2015 2015 2015 2014 2015 Year to Date Year to Date Year to Date Full Year Actual Budget Actual Budget
Rental of Facilities $3.3 $2.8 $3.5 $2.8 Personnel Services 1.3 0.8 1.0 0.8 Concessions 1.1 0.7 0.7 0.7 Equipment Rentals 0.6 0.5 0.6 0.5 Admissions/Parking 2.1 1.3 1.5 1.3 Other Revenue 0.1 0.1 0.1 0.1 Total Direct Revenue 8.4 6.2 7.3 6.2
Payroll/Related 2.0 2.0 1.8 2.0 Outside Services 0.2 0.2 0.1 0.2 Supplies/Equipment/Rentals 0.1 0.1 0.1 0.1 Facility/Related 0.4 0.4 0.3 0.4 Marketing/Related 0.1 0.1 0.1 0.1 Other Expense 0.0 0.0 0.0 0.0 Total Direct Expense 2.9 2.8 2.4 2.8
Contribution to Overhead and CapEx $5.5 $3.5 $4.9 $3.5 Self-Produced Events Business Unit December 2015 YTD Contribution Margin
30.0
25.0
20.0
15.0
10.0
5.0
0.0 Actual Budget PY Actual -5.0
-10.0
-15.0
-20.0
Direct Revenue Direct Expense Contribution Margin
Self-Produced Events Business Unit
Contribution Margin Statement Year to Date as of December, 2015 2015 2015 2014 2015 Year to Date Year to Date Year to Date Full Year Actual Budget Actual Budget
Admissions $7.8 $7.7 $8.3 $7.7 Concessions 6.5 6.0 6.5 6.0 Carnival 3.5 3.1 3.5 3.1 Sponsorships 1.7 1.6 1.6 1.6 Commercial Space 1.5 1.4 1.5 1.4 Parking 2.2 2.1 2.3 2.1 Other Revenue 1.2 1.0 1.1 1.0 Total Direct Revenue 24.3 22.9 24.8 22.9
Payroll/Related 4.4 4.3 4.0 4.3 Outside Services 2.0 2.1 1.5 2.1 Marketing/Related 1.3 1.2 1.3 1.2 Supplies/Equipment/Rentals 2.6 2.6 2.2 2.6 Attractions 1.1 1.1 1.2 1.1 Other Expense 1.7 1.6 1.5 1.6 Total Direct Expense 13.1 12.9 11.7 12.9
Contribution to Overhead and CapEx $11.2 $10.0 $13.2 $10.0 Pacific Amphitheatre Business Unit December 2015 YTD Contribution Margin
8.0
6.0
4.0
2.0
0.0 Actual Budget PY Actual -2.0
-4.0
-6.0
Direct Revenue Direct Expense Contribution Margin
Pacific Amphitheatre Business Unit
Contribution Margin Statement Year to Date as of December, 2015 2015 2015 2014 2015 Year to Date Year to Date Year to Date Full Year Actual Budget Actual Budget
Ticket Sales $4.7 $4.1 $4.0 $4.1 Facility Fee 0.8 0.8 0.7 0.8 Concessions 0.5 0.4 0.4 0.4 Parking 0.6 0.4 0.5 0.4 Sponsorship 0.1 0.1 0.1 0.1 Other Revenue 0.1 0.3 0.1 0.3 Total Direct Revenue6.7 6.0 5.9 6.0
Performers' Fees 3.2 3.1 2.6 3.1 Outside Services 0.6 0.5 0.6 0.5 Marketing/Related 0.2 0.2 0.2 0.2 Supplies/Equipment/Rentals 0.6 0.5 0.5 0.5 Payroll/Related 0.3 0.3 0.3 0.3 Other Expense 0.2 0.2 0.3 0.2 Total Direct Expense 5.0 4.9 4.4 4.9
Contribution to Overhead and CapEx $1.6 $1.1 $1.5 $1.1 Support Services/Outreach December 2015 YTD Net Overhead
2.0
- Actual Budget PY Actual (2.0)
(4.0)
(6.0)
(8.0)
(10.0)
(12.0)
Direct Revenue Direct Expense Net Overhead
Support Services/Outreach Business Unit Net Overhead Summary Year to Date as of December, 2015 2015 2015 2014 2015 Year to Date Year to Date Year to Date Full Year Actual Budget Actual Budget
Interest $0.1 $0.1 $0.1 $0.1 Facility Rentals $0.1 $0.1 $0.1 $0.1 Other Revenue $0.2 $0.1 $0.2 $0.1 Total Revenue $0.4 $0.3 $0.4 $0.3
Payroll/Related $6.3 $7.5 $5.9 $7.5 Facility/Related $2.0 $1.9 $2.0 $1.9 Supplies/Telephone/Postage $0.8 $0.6 $0.7 $0.6 Outside Services $0.3 $0.4 $0.7 $0.4 Insurance $0.3 $0.3 $0.3 $0.3 Other Expense $0.2 $0.2 $0.2 $0.2 Total Expense $9.9 $10.9 $9.8 $10.9
Net Overhead ($9.6) ($10.6) ($9.4) ($10.6)
Non-Cash Expenses: Depreciation Expense $3.0 $2.4 $2.7 $2.4 Total Non-Cash Expense $3.0 $2.4 $2.7 $2.4 32nd D A A - OC Fair & Event Center Balance Sheet (Unaudited) December 31, 2015 and 2014
2015 2014 Assets Cash$ 2,356,332 $ 579,300 Investments 31,221,188 28,240,032 Accounts Receivable 299,045 610,130 Reserve for Bad Debt (18,283) (11,850) Notes Receivable 253,158 - Deferred Expenses 19,583 18,799 Prepaid Assets - - Total Assets 34,131,022 29,436,410
Capital Projects in Process$ 266,877 $ 12,234,592 Land 133,553 133,553 Buildings and Improvements 46,599,241 32,964,758 Equipment 405,262 458,744 Total Capital 47,404,933 45,791,648
Total Assets$ 81,535,956 $ 75,228,058
Liabilities Accounts Payable$ 608,565 $ 400,119 Deferred Revenue 212,359 254,638 Payroll Liabilities 368,089 313,889 Deposits 30,127 30,000 Other Liabilities 436,674 - Compensated Absences Liability 935,843 962,269 Total Liabilities 2,591,657 1,960,915
Net Resources Investment in Capital Assets$ 47,404,934 $ 45,791,648 Net Resources - Designated Use 859,341 809,341 Restricted Capital 112,500 - Net Resources Available for Operations 24,988,947 19,494,087 Net Resources - Auction Fund 13,921 20,981 73,379,642 66,116,056 Net Proceeds from Operations 5,564,656 7,151,087 Total Net Resources 78,944,299 73,267,142
Total Liabilities and Net Resources$ 81,535,956 $ 75,228,058 32nd D A A - OC Fair & Event Center Income Statement (Unaudited) Year to Date as of December, 2015 2015 Budget 2014 Full Year to Date Year to Date Budget Budget Year to Date Year over Year Year over Year 2015 Amount Amount $ Variance % Variance Amount $ Variance % Variance Budget Revenues Admissions to Grounds$ 9,661,056 $ 9,149,000 $ 512,056 5.6%$ 10,020,329 $ (359,273) -3.6%$ 9,149,000 Commercial Space Rental Revenue 1,478,345 1,444,000 34,345 2.4% 1,460,983 17,362 1.2% 1,444,000 Carnival and Concessions Revenue 10,410,793 9,434,000 976,793 10.4% 10,421,485 (10,692) -0.1% 9,434,000 Exhibits Revenue 117,748 91,000 26,748 29.4% 102,588 15,161 14.8% 91,000 Attractions Revenue 4,040,999 3,886,300 154,699 4.0% 3,394,305 646,693 19.1% 3,886,300 Miscellaneous Revenue 5,135,700 4,774,000 361,700 7.6% 5,259,192 (123,491) -2.3% 4,774,000 Total OCFEC-Produced Event Revenue 30,844,642 28,778,300 2,066,342 7.2% 30,658,882 185,760 0.6% 28,778,300
Facility Rental Revenue 3,302,259 2,771,534 530,725 19.1% 3,456,837 (154,578) -4.5% 2,771,534 Other Event Revenue 5,218,117 3,432,700 1,785,417 52.0% 3,797,254 1,420,863 37.4% 3,432,700 Equestrian Center Revenue 118,163 100,000 18,163 18.2% 104,185 13,978 13.4% 100,000 Horse Show Revenue - - - N/A - - N/A - Other Operating Revenue 143,464 109,415 34,049 31.1% 122,529 20,935 17.1% 109,415 Total Rental Revenue 8,782,003 6,413,649 2,368,354 36.9% 7,480,806 1,301,197 17.4% 6,413,649
Interest Earnings 96,793 63,000 33,793 53.6% 83,405 13,388 16.1% 63,000 Grants 61,231 - 61,231 N/A 79,530 (18,299) -23.0% - Revenue from Sale of Assets - - - N/A 1,654 (1,654) -100.0% - Other Non-Operating Revenue 378 112,500 (112,122) -99.7% 112,500 (112,122) -99.7% 112,500 Prior Year Revenue 333 - 333 N/A - 333 N/A - Total Non-Operating Revenue 158,735 175,500 (16,765) -9.6% 277,089 (118,354) -42.7% 175,500
Total Revenue$ 39,785,380 $ 35,367,449 $ 4,417,931 12.5% $ 38,416,776 $ 1,368,604 3.6% $ 35,367,449
Expenses Payroll and Related Expense$ 13,013,253 $ 14,008,769 $ 995,516 7.1%$ 11,903,027 $ (1,110,227) -9.3%$ 14,008,769 Professional Services Expense 3,121,418 3,246,653 125,235 3.9% 2,845,940 (275,478) -9.7% 3,246,653 Directors Expense 14,334 11,600 (2,734) -23.6% 13,175 (1,159) -8.8% 11,600 Insurance Expense 310,185 297,850 (12,335) -4.1% 286,771 (23,414) -8.2% 297,850 Telephone & Postage Expense 140,741 129,866 (10,875) -8.4% 114,124 (26,616) -23.3% 129,866 Supplies and Equipment Expense 3,948,194 3,632,573 (315,621) -8.7% 3,402,091 (546,102) -16.1% 3,632,573 Facility and Related Expense 3,564,120 3,352,915 (211,205) -6.3% 3,380,830 (183,290) -5.4% 3,352,915 Publicity & Related Expense 1,775,813 1,664,665 (111,148) -6.7% 1,729,533 (46,279) -2.7% 1,664,665 Attractions Expense 4,213,663 4,238,584 24,921 0.6% 3,779,020 (434,642) -11.5% 4,238,584 Other Self-Prod Event Expense 276,350 256,083 (20,267) -7.9% 252,060 (24,290) -9.6% 256,083 Premium Expense 109,971 121,245 11,274 9.3% 116,020 6,049 5.2% 121,245 Other Operating Expense 490,080 515,410 25,330 4.9% 414,556 (75,524) -18.2% 515,410 Total Operating Expense 30,978,122 31,476,213 498,091 1.6% 28,237,147 (2,740,974) -9.7% 31,476,213
Depreciation Expense 2,982,769 2,389,130 (593,639) -24.8% 2,748,649 (234,120) -8.5% 2,389,130 Major Projects 231,026 528,000 296,974 56.2% 232,426 1,400 0.6% 528,000 Carnival Funded Expenditures - - - N/A - - N/A - Loss on Sale of Asset - - - N/A - - N/A - Debt Service - - - N/A - - N/A - Prior Year Expense 28,807 - (28,807) N/A 47,468 18,661 N/A - Total Non-Operating Expense 3,242,602 2,917,130 (325,472) -11.2% 3,028,542 (214,060) -7.1% 2,917,130
Total Expense$ 34,220,724 $ 34,393,343 $ 172,619 -9.6% $ 31,265,690 $ (2,955,034) -16.8% $ 34,393,343
Net Proceeds$ 5,564,656 $ 974,106 $ 4,590,550 471.3% $ 7,151,087 $ (1,586,430) -22.2% $ 974,106
2/12/2016 5:56 PM 32nd DAA - OC Fair & Event Center Statements of Cash Flows (Unaudited) For the Years Ended December 31, 2015 and 2014
Cash Flows from Operating Activities: 2015 2014
Excess of Revenue Over Expenses: $5,564,656 7,151,087
Non-Cash Changes to Net Income: Gain on Sale of Equipment (1,654) Depreciation Expense 2,982,769 2,783,720
Balance Sheet Activity:
(Incr) Decr in Accounts Receivable 317,518 (181,437) (Incr) Decr in Notes Receivable (253,158) 0 (Incr) Decr in Deferred Expenses (784) (149) Incr (Decr) in Accounts Payable 262,646 (477,101) Incr (Decr) in Other Liabilities 394,522 37,922 Incr (Decr) in Compensated Absences Liability (26,426) (45,261) Subtotal 694,318 (666,026)
Net Cash Provided (Used) by Operating Activities 9,241,743 9,267,127
Cash from Capital Related Financing Activities: Proceeds of Capital Contributions 1 112,500 0
Cash Flows from Investing Activities:
(Incr) Decr in Buildings and Improvements (16,384,008) (362,690) (Incr) Decr in Equipment (179,761) (288,237) (Incr) Decr in Capital Projects in Progress 11,967,715 (7,231,955) Proceeds from Sale of Equipment 0 1,654
Net Cash Provided (Used) by Investing Activities (4,596,054) (7,881,228)
Net Increase (Decrease) in Cash 4,758,189 1,385,899
Cash at the Beginning of Year 28,819,331 27,433,432
Cash at the End of Period $33,577,520 $28,819,331
1 Increase Due to Reclassification of Donations Account to Net Resources. 32nd DAA - OC Fair & Event Center Capital Expenditures & Major Projects Spending (Unaudited) December, 2015 2015 2015 2015 Description Budget Spent Remaining Buildings and Improvements Pac Amp Renovation 4,400,000 3,782,351 617,649 West End Facility Electrical 0 95,082 (95,082) AG Memorial 111,000 78,318 32,682 Livestock Lane: Electrical Upgrade 0 9,356 (9,356) Parking: Signage 0 (6,609) 6,609 Arena: Rest Room Trailer Remodel 25,000 14,054 10,946 ASA: Asphalt Repair & Replace 60,000 28,851 31,149 ASA: Re-Roof & Structure Repair 210,000 9,369 200,631 Bldg 15: Floor Replacement 18,000 13,971 4,029 Campground: Electrical Infrastructure 9,000 8,072 928 Century Barn Replacement 180,000 0 180,000 EQC: Replace Horseshoer Roof 20,000 16,712 3,288 Gate 2: Drive Lane Asphalt 150,000 0 150,000 Lot B: Slurry & Stripe 350,000 0 350,000 Lot C: Slurry & Stripe 100,000 0 100,000 Lot D: Seal & Stripe 100,000 0 100,000 Maint: Womens Rest Room Remodel 50,000 0 50,000 Maint Yard: Enviro Valves 20,000 0 20,000 Pac Amp: Fall Protection System 45,000 7,662 37,338 Pac Amp: Seat Replacement 1,500,000 58,556 1,441,444 Ranch Bldg: Remodel 88,000 68,501 19,499 Ranch Bldg: Water Clarifier 18,000 0 18,000 Hero's Hall 1,000,000 41,991 958,009 ASA: Entry Sign Replacement 0 16,309 (16,309) Parking: Signage 80,000 0 80,000 EQC: Wash Rack Canopy 30,000 37,599 (7,599) Arlington Rest Room Trailer Removal 10,000 13,266 (3,266) Exterior Rest Room Countertop Replacement22,000 18,127 3,873 Solar Cart Parking - Charging Station 25,000 30,381 (5,381) Total Buildings and Improvements 8,621,000 4,341,917 4,279,083 Carnival Improvements Family Fairway: Artificial Turf 90,000 0 90,000 Light Tower 50,000 4,005 45,995 Lot G: Asphalt Repair/Replace/Slurry/Stripe 250,000 26,620 223,380 Lot I/A: Tree Line Improvement 220,000 0 220,000 Interior Ground Seal 170,000 30,819 139,181 Carnival Water Line 0 12,932 (12,932) Total Carnival Improvements 780,000 74,376 705,624 Equipment Compressor: Towable/Portable 18,000 19,971 (1,971) Event Ops: Cart 7,000 49,798 (42,798) Exhibit Equipment 20,000 33,418 (13,418) Parking: Utility Truck 30,000 28,074 1,926 Portable Generator - Emergency Backup 60,000 0 60,000 Jetter Trailer - Steam Cleaning 27,000 32,995 (5,995) S&S: Parking Lot Lighting Controls 80,000 0 80,000 S&S: Cart 9,000 7,555 1,445 Skyjack Scissor Lift 0 7,951 (7,951) Total Equipment 251,000 179,761 71,239 Total Capital Expenditures 9,652,000 4,596,055 5,055,945 Major Projects Org Needs Assessment 0 4,383 (4,383) Landscape: Perimeter Irrigation System 0 2,900 (2,900) ASA: Painting 180,000 2,013 177,987 Baja Blues: Paint Exterior 30,000 9,100 20,900 Bldg 10: Concrete Polishing 0 10,880 (10,880) Box Office: Flooring 0 9,707 (9,707) Pit Barricades - Crowd Control 12,000 5,618 6,382 Park Plaza Rest Room Repairs 0 3,422 (3,422) IT: Web Design 20,000 0 20,000 Maint Office: Flooring 0 8,974 (8,974) Pac Amp: Step Lights Repair/Replace 25,000 20,888 4,112 Pac Amp: Trash Cans - Plaza Area 12,000 7,838 4,162 Parking Shelter Study 15,000 0 15,000 Picnic Tables: ADA Compliant 18,000 16,812 1,188 Plastic Barricades 12,000 10,578 1,422 S&S: Digital Hand Radios 84,000 0 84,000 S&S: Parking Lot K-Rails 80,000 78,583 1,417 Utility Cart Bodies 40,000 0 40,000 Ticket Booths: Blinds 0 11,224 (11,224) Maint: (10) 3 yrd Dumpsters 0 18,776 (18,776) Ergonomic Desk Chairs 0 9,331 (9,331) Total Major Projects 528,000 231,026 296,974 Total Capital Expenditures & Major Projects 10,180,000 4,827,081 5,352,919
The following financial reports as of January 31, 2016 are enclosed for your reference.
Balance Sheet There are no significant changes to the balance sheet.
Income Statement January 2016 expenses exceed revenues by $986,804, which is favorable to the budgeted net negative proceeds of ($1,686,191) by $699,387. Excluding Major Projects, for which the entire 2016 budget of $681K was recorded in January, net proceeds year-to-date are favorable to budget by $34,419.
Total year-to-date revenues of $552,701 exceed budgeted revenues by $113,532. This increase is due primarily to Facility Rental Revenue and other Event Revenue for our year round events.
Total year-to-date operating expenses of $1,289,130 are more than budgeted by $79K. Expenses in most major categories are below or close to budget, with variances to budget due primarily to the timing of efforts as the organization ramps up preparation for the 2016 OC Fair. Payroll and Related expense is favorable to budget by $101K due primarily to unfilled positions and less than anticipated employee benefits expense. Professional Services expense is favorable to budget by $32K primarily due to timing of Marketing account and media services budgeted for the 2016 OC Fair. Insurance Expense of $208K is over budget due to rescheduling the required payment for annual general liability insurance from July to January when budgeted amounts were allocated on a monthly basis.
Statement of Cash Flows As of January 31, 2016, OCFEC’s cash on hand is $31,821,767, a decrease of $1,755,753 during 2016. Operating activities have resulted in a net cash outflow of $1,574,328 to date. Investing activities in the form of capital expenditures have resulted in a net outflow of $181,425 to date.
OC Fair & Event Center • 32nd District Agricultural Association 88 Fair Drive, Costa Mesa, CA 92626 • (714) 708-1500 • ocfair.com
32 nd DAA OC Fair & Event Center Year to Date Business Unit Financial Results
As of January 31, 2016 January 2016 YTD Revenue Performance
Budget Actual Forecast $45.0
$40.0
$35.0
$30.0
$25.0
$20.0
$15.0
$10.0
$5.0
$0.0 Jul Apr Oct Jan Jun Feb Mar Aug Sep Nov Dec May
January 2016 YTD Operating Expense Performance
Budget Actual Forecast $40.0
$35.0
$30.0
$25.0
$20.0
$15.0
$10.0
$5.0
$0.0 Jul Apr Oct Jan Jun Feb Mar Aug Sep Nov Dec May January 2016 YTD Contribution Margin by Business Unit
0.4
0.2
- Self-Produced Events PacAmp Overhead (0.2)
(0.4)
(0.6) $ in millions in$ (0.8)
(1.0)
(1.2)
(1.4)
(1.6)
YTD Actual YTD Budget
OC Fair & Event Center Cash Flow Summary by Business Unit
Year to Date as of January, 2016
2016 2016 2015 2016 Year to Date Year to Date Year to Date Full Year Actual Budget Actual Budget Contribution Margins:
Self-Produced Events Business Unit (0.2) (0.1) (0.2) 10.7
Events Business Unit 0.2 0.2 0.3 4.7
Pacific Amphitheatre Business Unit (0.0) (0.0) (0.0) 2.5
Total Business Unit Contribution Margin (0.0) 0.1 0.0 17.9
Net Overhead Expense (Cash) (0.9) (1.4) (0.7) (12.5)
Net Cash Provided (Used) Subtotal (0.9) (1.3) (0.7) 5.4
Major Projects (0.0) (0.7) - (0.7) Capital Expenditures (0.2) (0.1) Balance Sheet Changes (0.7) (0.2)
Net Increase (Decrease) in Cash (1.8) (2.0) (1.0) 4.7 Self-Produced Events Business Unit January 2016 YTD Contribution Margin
0.2
0.2
0.1
0.1
0.0 Actual Budget PY Actual -0.1
-0.1
-0.2
-0.2
-0.3
-0.3
Direct Revenue Direct Expense Contribution Margin
Self-Produced Events Business Unit
Contribution Margin Statement
Year to Date as of January, 2016 2016 2016 2015 2016 Year to Date Year to Date Year to Date Full Year Actual Budget Actual Budget
Admissions $0.0 $0.0 $0.0 $8.3 Concessions 0.0 0.0 0.0 6.6 Carnival 0.0 0.0 0.0 3.6 Sponsorships 0.0 0.1 0.0 1.7 Commercial Space 0.0 0.0 0.0 1.5 Parking 0.0 0.0 0.0 2.3 Other Revenue 0.0 0.0 0.0 1.0 Total Direct Revenue 0.0 0.1 0.0 25.0
Payroll/Related 0.1 0.2 0.1 5.2 Outside Services 0.0 0.0 0.1 2.2 Marketing/Related 0.0 0.0 0.0 1.6 Supplies/Equipment/Rentals 0.0 0.0 0.0 2.5 Attractions 0.0 0.0 0.0 1.1 Other Expense 0.0 0.0 0.0 1.7 Total Direct Expense 0.2 0.2 0.2 14.4
Contribution to Overhead and CapEx ($0.2) ($0.1) ($0.2) $10.7 Year-Round Events Business Unit January 2016 YTD Contribution Margin
0.5
0.4
0.3
0.2
0.1
- Actual Budget PY Actual (0.1)
(0.2)
(0.3)
Direct Revenue Direct Expense Contribution Margin
Year-Round Events Business Unit Contribution Margin Statement Year to Date as of January, 2016 2016 2016 2015 2016 Year to Date Year to Date Year to Date Full Year Actual Budget Actual Budget
Rental of Facilities $0.1 $0.3 $0.3 $3.3 Personnel Services 0.1 0.0 0.0 1.1 Concessions 0.0 0.0 0.0 0.9 Equipment Rentals 0.0 0.0 0.0 0.5 Admissions/Parking 0.1 0.1 0.1 1.9 Other Revenue 0.0 0.0 0.0 0.1 Total Direct Revenue 0.4 0.4 0.4 7.8
Payroll/Related 0.2 0.2 0.1 2.2 Outside Services 0.0 0.0 0.0 0.2 Supplies/Equipment/Rentals 0.0 0.0 0.0 0.1 Facility/Related 0.0 0.0 0.0 0.4 Marketing/Related 0.0 0.0 0.0 0.1 Other Expense 0.0 0.0 0.0 0.0 Total Direct Expense 0.2 0.2 0.2 3.1
Contribution to Overhead and CapEx $0.2 $0.2 $0.3 $4.7 Pacific Amphitheatre Business Unit January 2016 YTD Contribution Margin
0.0 Actual Budget PY Actual 0.0
0.0
0.0 0.0
0.0 0.0
0.0 0.0
0.0
Direct Revenue Direct Expense Contribution Margin
Pacific Amphitheatre Business Unit
Contribution Margin Statement
Year to Date as of January, 2016 2016 2016 2015 2016 Year to Date Year to Date Year to Date Full Year Actual Budget Actual Budget
Ticket Sales $0.0 $0.0 $0.0 $5.7 Facility Fee 0.0 0.0 0.0 0.8 Concessions 0.0 0.0 0.0 0.5 Parking 0.0 0.0 0.0 0.5 Sponsorship 0.0 0.0 0.0 0.1 Other Revenue 0.0 0.0 0.0 0.1 Total Direct Revenue 0.0 0.0 0.0 7.7
Performers' Fees 0.0 0.0 0.0 3.4 Outside Services 0.0 0.0 0.0 0.5 Marketing/Related 0.0 0.0 0.0 0.2 Supplies/Equipment/Rentals 0.0 0.0 0.0 0.6 Payroll/Related 0.0 0.0 0.0 0.2 Other Expense 0.0 0.0 0.0 0.2 Total Direct Expense 0.0 0.0 0.0 5.1
Contribution to Overhead and CapEx ($0.0) ($0.0) ($0.0) $2.5 Support Services/Outreach January 2016 YTD Net Overhead
0.1 - Actual Budget PY Actual (0.1) (0.2) (0.3) (0.4) (0.5) (0.6) (0.7) (0.8) (0.9) (1.0)
Direct Revenue Direct Expense Net Overhead
Support Services/Outreach Business Unit Net Overhead Summary
Year to Date as of January, 2016 2016 2016 2015 2016 Year to Date Year to Date Year to Date Full Year Actual Budget Actual Budget
Interest $0.0 $0.0 $0.0 $0.1 Facility Rentals $0.0 $0.0 $0.0 $0.1 Other Revenue $0.0 $0.0 $0.0 $0.1 Total Revenue $0.0 $0.0 $0.0 $0.3
Payroll/Related $0.5 $0.5 $0.4 $7.2 Facility/Related $0.1 $0.1 $0.0 $3.1 Supplies/Telephone/Postage $0.1 $0.1 $0.1 $0.8 Outside Services $0.0 $0.0 $0.0 $0.4 Insurance $0.2 $0.0 $0.2 $0.3 Other Expense $0.0 $0.0 $0.0 $0.3 Total Expense $0.9 $0.7 $0.7 $12.1
Net Overhead ($0.8) ($0.7) ($0.7) ($11.8)
Major Projects $0.0 $0.7 $0.0 $0.7
Non-Cash Expenses: Depreciation Expense $0.2 $0.2 $0.2 $2.8 Total Non-Cash Expense $0.2 $0.2 $0.2 $2.8 32nd D A A - OC Fair & Event Center Balance Sheet (Unaudited) January 31, 2016 and 2015
2016 2015 Assets Cash$ 570,249 $ 825,875 Investments 31,251,517 26,959,330 Accounts Receivable 1,061,716 915,659 Reserve for Bad Debt (18,283) (11,850) Notes Receivable 253,158 - Deferred Expenses 568,001 475,523 Prepaid Assets - - Total Assets 33,686,358 29,164,537
Capital Projects in Process$ 448,302 $ 12,327,287 Land 133,553 133,553 Buildings and Improvements 46,378,511 32,781,220 Equipment 391,651 443,188 Total Capital 47,352,017 45,685,248
Total Assets$ 81,038,375 $ 74,849,785
Liabilities Accounts Payable$ 425,229 $ 468,141 Deferred Revenue 936,767 743,276 Payroll Liabilities 314,816 274,926 Deposits 31,551 30,700 Other Liabilities 436,674 - Compensated Absences Liability 935,843 962,269 Total Liabilities 3,080,880 2,479,312
Net Resources Investment in Capital Assets$ 47,352,017 $ 45,685,248 Net Resources - Designated Use 859,341 809,341 Restricted Capital 112,500 - Net Resources Available for Operations 30,606,519 26,751,573 Net Resources - Auction Fund 13,921 20,981 78,944,299 73,267,142 Net Proceeds from Operations (986,804) (896,670) Total Net Resources 77,957,495 72,370,473
Total Liabilities and Net Resources$ 81,038,375 $ 74,849,785 32nd D A A - OC Fair & Event Center Income Statement (Unaudited) Year to Date as of January, 2016 2016 Budget 2015 Full Year to Date Year to Date Budget Budget Year to Date Year over Year Year over Year 2016 Amount Amount $ Variance % Variance Amount $ Variance % Variance Budget Revenues Admissions to Grounds$ - $ - $ - N/A$ - $ - N/A$ 10,119,050 Commercial Space Rental Revenue - - - N/A - - N/A 1,496,100 Carnival and Concessions Revenue - - - N/A - - N/A 10,709,272 Exhibits Revenue 320 300 20 6.7% 333 (13) -3.9% 116,685 Attractions Revenue - 100 (100) -100.0% - - N/A 4,972,265 Miscellaneous Revenue - 1,367 (1,367) -100.0% 50 (50) -100.0% 5,153,854 Total OCFEC-Produced Event Revenue 320 1,767 (1,447) -81.9% 383 (63) -16.4% 32,567,226
Facility Rental Revenue 276,693 250,575 26,118 10.4% 259,522 17,172 6.6% 3,296,876 Other Event Revenue 258,854 165,517 93,337 56.4% 181,427 77,427 42.7% 4,638,970 Equestrian Center Revenue - 9,100 (9,100) -100.0% 9,046 (9,046) -100.0% 106,600 Horse Show Revenue - - - N/A - - N/A - Other Operating Revenue 5,219 1,235 3,984 322.6% 4,457 762 17.1% 57,045 Total Rental Revenue 540,766 426,427 114,339 26.8% 454,452 86,314 19.0% 8,099,491
Interest Earnings 11,615 7,225 4,390 60.8% 6,278 5,338 85.0% 86,700 Grants - 3,750 (3,750) -100.0% - - N/A 45,000 Revenue from Sale of Assets - - - N/A - - N/A - Other Non-Operating Revenue - - - N/A - - N/A - Prior Year Revenue - - - N/A - - N/A - Total Non-Operating Revenue 11,615 10,975 640 5.8% 6,278 5,338 85.0% 131,700
Total Revenue$ 552,701 $ 439,169 $ 113,532 25.9% $ 461,113 $ 91,588 19.9% $ 40,798,417
Expenses Payroll and Related Expense$ 782,251 $ 882,955 $ 100,705 11.4%$ 681,767 $ (100,483) -14.7%$ 14,780,871 Professional Services Expense 56,610 88,720 32,110 36.2% 124,929 68,319 54.7% 3,337,897 Directors Expense 222 1,292 1,070 82.8% 52 (170) -323.7% 15,500 Insurance Expense 208,108 25,833 (182,275) -705.6% 215,442 7,334 3.4% 312,390 Telephone & Postage Expense 24,961 10,391 (14,570) -140.2% 9,000 (15,961) -177.3% 168,109 Supplies and Equipment Expense 53,224 77,006 23,782 30.9% 47,213 (6,012) -12.7% 3,868,536 Facility and Related Expense 114,728 94,535 (20,193) -21.4% 63,959 (50,770) -79.4% 4,643,356 Publicity & Related Expense 32,390 19,189 (13,201) -68.8% 10,859 (21,531) -198.3% 2,100,165 Attractions Expense - - - N/A - - N/A 4,548,679 Other Self-Prod Event Expense - - - N/A - - N/A 250,172 Premium Expense - 417 417 100.0% - - N/A 117,004 Other Operating Expense 16,637 9,679 (6,957) -71.9% 3,881 (12,755) -328.6% 548,903 Total Operating Expense 1,289,130 1,210,017 (79,113) -6.5% 1,157,103 (132,028) -11.4% 34,691,583
Depreciation Expense 234,342 234,342 - 0.0% 199,094 (35,248) -17.7% 2,812,104 Major Projects 16,032 681,000 664,968 97.6% - (16,032) N/A 681,000 Carnival Funded Expenditures - - - N/A - - N/A - Loss on Sale of Asset - - - N/A - - N/A - Debt Service - - - N/A - - N/A - Prior Year Expense - - - N/A 1,585 1,585 N/A - Total Non-Operating Expense 250,374 915,342 664,968 72.6% 200,679 (49,695) -24.8% 3,493,104
Total Expense$ 1,539,505 $ 2,125,359 $ 585,854 66.1% $ 1,357,782 $ (181,723) -36.2% $ 38,184,687
Net Proceeds$ (986,804) $ (1,686,191) $ 699,387 41.5% $ (896,670) $ (90,134) -10.1% $ 2,613,730
2/19/2016 11:04 AM 32nd DAA - OC Fair & Event Center Statements of Cash Flows (Unaudited) For the Periods Ended January 31, 2016 and 2015
Cash Flows from Operating Activities: 2016 2015
Excess of Revenue Over Expenses: ($986,804) (896,670)
Non-Cash Changes to Net Income:
Depreciation Expense 234,342 199,094
Balance Sheet Activity:
(Incr) Decr in Accounts Receivable (762,671) (305,529) (Incr) Decr in Notes Receivable 0 (456,724) (Incr) Decr in Deferred Expenses (548,418) 0 Incr (Decr) in Accounts Payable (236,609) 29,059 Incr (Decr) in Other Liabilities 725,832 489,338 Incr (Decr) in Compensated Absences Liability 00 Subtotal (821,866) (243,856)
Net Cash Provided (Used) by Operating Activities (1,574,328) (941,432)
Cash Flows from Investing Activities:
(Incr) Decr in Buildings and Improvements 0 0 (Incr) Decr in Equipment 0 0 (Incr) Decr in Capital Projects in Progress (181,425) (92,695)
Net Cash Provided (Used) by Investing Activities (181,425) (92,695)
Net Increase (Decrease) in Cash ($1,755,753) ($1,034,127)
Cash at the Beginning of Year 33,577,520 28,819,331
Cash at the End of Period $31,821,767 $27,785,204 32nd DAA - OC Fair & Event Center Capital Expenditures & Major Projects Spending (Unaudited) January, 2016 2016 2016 2016 Description Budget Spent Remaining Buildings and Improvements AG Memorial 75,000 0 75,000 Arena: RR Trailer Remodel 0 7,441 (7,441) ASA: Re-Roof & Structure Repair 210,000 13,873 196,127 Century Barn Replacement 180,000 1,356 178,644 Gate 2: Drive Lane Asphalt 150,000 0 150,000 Lot B: Slurry & Stripe 350,000 0 350,000 Lot C: Slurry & Stripe 100,000 0 100,000 Lot D: Seal & Stripe 100,000 0 100,000 Pac Amp: Fall Protection System 0 569 (569) Pac Amp: Seat Replacement 1,200,000 20,980 1,179,020 Hero's Hall 3,120,000 137,207 2,982,793 Parking: Signage 80,000 0 80,000 Bldg 10: Roof 300,000 0 300,000 Bldg 10: HVAC 307,000 0 307,000 Bldg 12: Gutter Installation 20,000 0 20,000 Bldg 14: Roof 50,000 0 50,000 Cent Farm: Pipe Corral 80,000 0 80,000 Event Ops: Paneling 13,000 0 13,000 Gate 10: Asphalt Repair 40,000 0 40,000 Grnds: Asphalt Repairs 200,000 0 200,000 Landscape Layout Redesign 75,000 0 75,000 Livestock Judging Roof 70,000 0 70,000 Pac Amp: RR Doors Roll Up 20,000 0 20,000 Parking Lot: LED Conversion 140,000 0 140,000 Pit Stop Grill: Electrical Upgrade 20,000 0 20,000 Plaza Pacifica: Turf 65,000 0 65,000 Plaza Pacifica: Asphalt Festival Area 30,000 0 30,000 Plaza Pacific: Soffit Lobby Doors 15,000 0 15,000 Plaza Pacifica: Asphalt Lower Level 170,000 0 170,000 Promenade: Light Tower Power 9,000 0 9,000 Ranch/Lvstck: Asphalt Repair 65,000 0 65,000 Ranch: Asphalt Dirt Road 25,000 0 25,000 Plaza Pacifica: Shot-Crete Wall Skim Coat 25,000 0 25,000 Landscape: Planter Bed 15,000 0 15,000 Pac Amp: Slurry 18,000 0 18,000 Total Buildings and Improvements 7,337,000 181,426 7,155,574 Carnival Improvements Family Fairway: Artificial Turf 100,000 0 100,000 Lot G: Asphalt Repair/Replace/Slurry/Stripe 250,000 0 250,000 Carnival: Asphalt Repair / Seal 170,000 0 170,000 Total Carnival Improvements 520,000 0 520,000 Equipment Portable Generator - Emergency Backup 120,000 0 120,000 Admin: Generator 250,000 0 250,000 Adobe Creative Cloud 20,000 0 20,000 Event Ops: Carts (3) 15,000 0 15,000 Exhibit Equipment 60,000 0 60,000 Maint: Forklift 90,000 0 90,000 Maint: Scissor Lift 40,000 0 40,000 Gate Ops: Magnetometers 80,000 0 80,000 Pac Amp: Slurry 8,500 0 8,500 Parking: Portable Light Tower 30,000 0 30,000 Portable Electric Panels (6) 38,000 0 38,000 Total Equipment 751,500 0 751,500 Total Capital Expenditures 8,608,500 181,426 8,427,074 Major Projects ASA: Painting 180,000 16,032 163,968 Chair Dolly Carts (4) 6,000 0 6,000 Computers (7) 21,000 0 21,000 Fence: Paint Perimeter Green 24,000 0 24,000 Maint: Dumpters (10) 2 1/2 Yard 32,000 0 32,000 Master Plan 200,000 0 200,000 Pac Amp: Paint Sound Walls Blue 75,000 0 75,000 Picnic Tables (25) 15,000 0 15,000 Recycle Cans 20,000 0 20,000 Steel Foot Bridges 7,000 0 7,000 Spectra: Kitchen Canpy 75,000 0 75,000 Umbrellas (125) 26,000 0 26,000 Total Major Projects 681,000 16,032 664,968 Total Capital Expenditures & Major Projects 9,289,500 197,458 9,092,042 OC Fair & Event Center Accounts Payable Checks Summary January 2016 Check No. Date Vendor Name Amount 78490 01/08/16 American Express 420.53 78491 01/08/16 American Express 2,774.90 78492 01/08/16 Amlon Industries, Inc. 3,142.80 78493 01/08/16 California Technology Agency 646.00 78494 01/08/16 CCS Orange County Janitorial, Inc. 277.40 78495 01/08/16 Moor+South/Pier Mngmt Co., 48,194.75 78496 01/08/16 Crainco, Inc. 330.00 78497 01/08/16 Debra McDaniel 262.97 78498 01/08/16 US Department of Education 51.34 78499 01/08/16 Department of Human Resources Cal HR 527.00 78500 01/08/16 Event Production Solutions, LLC 4,650.02 78501 01/08/16 Fire Sprinkler Inspections, Inc. 950.00 78502 01/08/16 Franchise Tax Board 457.01 78503 01/08/16 Haitbrink Asphalt Paving, Inc. 6,080.00 78504 01/08/16 International Speedway, Inc. 3,220.80 78505 01/08/16 IRS ‐ ACS Support ‐ Stop 813G 18.65 78506 01/08/16 Jose Umali 216.98 78507 01/08/16 Kaiser Permanente 41,029.18 78508 01/08/16 Kathy Kramer 9.69 78509 01/08/16 Kennah Construction, Inc. 2,800.00 78510 01/08/16 Like‐Nu Concrete Magic 230.00 78511 01/08/16 Melody Avena 4.91 78512 01/08/16 CA Public Employees Retirement System 49,024.83 78513 01/08/16 Pitney Bowes Inc. 576.72 78514 01/08/16 Platinum Resource Group 1,000.00 78515 01/08/16 PRG (California), Inc. 60,775.00 78516 01/08/16 Red Wing Hatchery 114.60 78517 01/08/16 Robert Valencia 30.00 78518 01/08/16 Sabrina Sakaguchi 77.51 78519 01/08/16 Quijote Corporation dba Sensis 13,507.50 78520 01/08/16 Share Our Selves 402.50 78521 01/08/16 Spectra 254.83 78522 01/08/16 State Disbursement Unit 439.72 78523 01/08/16 The Gas Company 454.72 78524 01/08/16 Titan Environmental Solutions, Inc. 780.00 78525 01/08/16 United Site Services Of America 762.08 78526 01/14/16 A & H Refrigeration, Inc. 2,064.40 78527 01/14/16 Alyssa Tyner 34.50 78528 01/14/16 Ben's Asphalt, Inc. 18,096.00 78529 01/14/16 Void ‐ 78530 01/14/16 California Fair Services Authority 1,667.33 78531 01/14/16 California Fairs Financing Authority 38,691.43 78532 01/14/16 CCS Orange County Janitorial, Inc. 4,365.40 78533 01/14/16 CR&A Custom, Inc. 137.91 78534 01/14/16 Department of Forestry & Fire Protection 949.56 Page 1 of 6 OC Fair & Event Center Accounts Payable Checks Summary January 2016 Check No. Date Vendor Name Amount 78535 01/14/16 Department of General Services 608.94 78536 01/14/16 Department of Human Resources Cal HR 661.50 78537 01/14/16 Department of Justice 2,040.00 78538 01/14/16 Elaine Kumamoto 33.05 78539 01/14/16 Evy Young 58.15 78540 01/14/16 Franchise Tax Board 4,805.44 78541 01/14/16 Gravity Technologies Inc. 349.00 78542 01/14/16 Jeff Wilson 12.00 78543 01/14/16 Jerry Liu & Associates 2,175.00 78544 01/14/16 Jessica Zimmerman 72.49 78545 01/14/16 Joan Hamill 60.38 78546 01/14/16 Johanna C. Svensson 36.00 78547 01/14/16 Jose Flores 39.57 78548 01/14/16 Kathlyn Keife 33.11 78549 01/14/16 Ken Karns 82.70 78550 01/14/16 Lisa Sexton 6,996.75 78551 01/14/16 Metro Network Communication, Inc. dba 426.55 78552 01/14/16 Moor+South/Pier Mngmt Co. 5,159.67 78553 01/14/16 nQativ, LLC 18,952.50 78554 01/14/16 Orange County Register ‐ Advertising 105.00 78555 01/14/16 Pacific Clippings 59.00 78556 01/14/16 Pinnacle Petroleum, Inc. 775.61 78557 01/14/16 Platinum Resource Group 1,000.00 78558 01/14/16 PRG (California), Inc. 23,636.58 78559 01/14/16 Rammed Earth Wall Builders, LLC 1,025.00 78560 01/14/16 Rebecca Marocchi 17.81 78561 01/14/16 Red Wing Hatchery 114.60 78562 01/14/16 Ricoh Americas Corporation 3,498.38 78563 01/14/16 Robin Wachner 88.04 78564 01/14/16 Saddleback Veterinary Services, Inc. 771.00 78565 01/14/16 Sandra Cervantes 172.01 78566 01/14/16 Shannon Kubitz 12.00 78567 01/14/16 Southern California Edison 5,148.40 78568 01/14/16 Spectra 638.85 78569 01/14/16 State Disbursement Unit 331.00 78570 01/14/16 Stephen Anderson 36.00 78571 01/20/16 Allen West Mesick 400.00 78572 01/20/16 AT&T 138.16 78573 01/20/16 AT&T 7,009.48 78574 01/20/16 AT&T 311.60 78575 01/20/16 ATI Architects and Engineers 128,085.00 78576 01/20/16 Boyd & Associates, Inc. 1,105.50 78577 01/20/16 California Fairs Financing Authority 1,205.80 78578 01/20/16 California Fair Services Authority 805,180.27 78579 01/20/16 Deborah O'Hare 105.00 Page 2 of 6 OC Fair & Event Center Accounts Payable Checks Summary January 2016 Check No. Date Vendor Name Amount 78580 01/20/16 Department of General Services 1,548.66 78581 01/20/16 Eisel Enterprises, Inc. 9,005.04 78582 01/20/16 Hahn & Bowersock, Inc. 863.34 78583 01/20/16 Ken Karns 60.53 78584 01/20/16 Bianca Kulback 12.00 78585 01/20/16 Lawrence Roll‐Up Doors, Inc. 1,821.12 78586 01/20/16 Malibu Kennel Club 1,364.95 78587 01/20/16 Matthew Lithgow 66.32 78588 01/20/16 Orange Mirror and Glass 230.60 78589 01/20/16 Void ‐ 78590 01/20/16 Pinnacle Landscape Company 682.39 78591 01/20/16 Platinum Resource Group 800.00 78592 01/20/16 Jack Quinn 52.00 78593 01/20/16 Shoreline Dog Fancier Association 1,421.95 78594 01/20/16 Spectra 49.90 78595 01/20/16 Void ‐ 78596 01/20/16 Teresa Dayton 12.00 78597 01/20/16 United Rentals (North America), Inc. 2,212.00 78598 01/20/16 Yule Tree Growers / Magic Trees 1,067.36 78599 01/29/16 Absolute Event Solutions 772.25 78600 01/29/16 Association of State CA Supervisors 72.00 78601 01/29/16 A & H Refrigeration, Inc. 3,200.00 78602 01/29/16 AT&T 75.16 78603 01/29/16 AT&T 248.34 78604 01/29/16 AT&T 338.60 78605 01/29/16 Bill Young Productions, Inc. 135.00 78606 01/29/16 Void ‐ 78607 01/29/16 Bolton Colburn 48.06 78608 01/29/16 Boyd & Associates, Inc. 486.00 78609 01/29/16 BurrellesLuce 157.96 78610 01/29/16 California Fair Services Authority 75,579.57 78611 01/29/16 CCS Orange County Janitorial, Inc. 22,721.29 78612 01/29/16 Moor+South/Pier Mngmt Co., LP (Tandem) 1,650.00 78613 01/29/16 CR&R Inc. 8,347.89 78614 01/29/16 CR&A Custom, Inc. 472.61 78615 01/29/16 DeltaCare USA 670.50 78616 01/29/16 Delta Dental Plan Of California 4,646.42 78617 01/29/16 Department of Justice 4,930.00 78618 01/29/16 Department of Human Resources Cal HR 48.00 78619 01/29/16 Experian 7,587.99 78620 01/29/16 Franchise Tax Board 79.71 78621 01/29/16 Froehlich Kow & Gong Architects, Inc. 34,692.00 78622 01/29/16 Christine Gunst 59.00 78623 01/29/16 IUOE, Craft/Maint. Division 1,350.00 78624 01/29/16 Jason Jacobsen 113.15 Page 3 of 6 OC Fair & Event Center Accounts Payable Checks Summary January 2016 Check No. Date Vendor Name Amount 78625 01/29/16 Kelly Associates Management Group LLC 1,200.00 78626 01/29/16 Ken Karns 237.30 78627 01/29/16 Lisa Sexton 6,996.75 78628 01/29/16 Lopez Works, Inc. 17,210.00 78629 01/29/16 Marie Torres 30.80 78630 01/29/16 Medical and Safety Management, Inc. 5,225.00 78631 01/29/16 Mesa Water District 7,390.58 78632 01/29/16 nQativ, LLC 1,037.50 78633 01/29/16 Orange County Treasurer‐Tax Collector 342.05 78634 01/29/16 Park West Landscape Maintenance, Inc. 12,850.00 78635 01/29/16 Pinnacle Landscape Company 3,975.18 78636 01/29/16 Platinum Resource Group 300.00 78637 01/29/16 Ricoh Americas Corporation 32.15 78638 01/29/16 Safeguard Health Plans 37.62 78639 01/29/16 Sectran Security, Inc. 100.00 78640 01/29/16 SEIU Local 1000 CA State Employees Asso. 1,916.55 78641 01/29/16 Southern California Edison 41,696.11 78642 01/29/16 State Disbursement Unit 433.27 78643 01/29/16 State Water Resources Control Board 4,579.00 78644 01/29/16 TalentWise, Inc. 125.00 78645 01/29/16 Verizon Wireless 1,462.48 78646 01/29/16 Wallace Laboratories, LLC 400.00
Total January 2016 AP Checks 1,631,403.36
Page 4 of 6 OC Fair & Event Center Electronic Payments Summary January 2016 Reference No. Date Vendor Name Amount E010416 01/04/16 Payroll Tax ‐ Federal 59,609.97 E010416 01/04/16 Payroll Tax ‐ State 6,996.27 E010416 01/04/16 Signapay Accounting ‐ 0964 6,536.50 E010416 01/04/16 Signapay Carnival ‐ 3185 15.00 E010416 01/04/16 Signapay JLA ‐ 6845 10.00 E010416 01/04/16 Signapay PacAmp Merch ‐ 5003 10.00 E010416 01/04/16 Signapay PacAmp Sales ‐ 1608 12.95 E010516 01/05/16 AMEX Entries ‐ 8152 0.86 E010516 01/05/16 AMEX ESS APP ‐ 1581 22.62 E010516 01/05/16 AMEX TM ‐ 5809 10.83 E010516 01/05/16 AMEX WiFi ‐ 3435 0.15 E010516 01/05/16 Authorize.net Gateway ‐ WiFi 32.35 E010516 01/05/16 Authorize.net Gateway ‐ ESS 29.95 E010516 01/05/16 CBB Exhibit Entries ‐ 8888 26.24 E010516 01/05/16 Gateway Services 10.00 E010516 01/05/16 Global Payments ESS ‐ 4284 243.35 EX3745661573 01/05/16 Paypal, Inc. 59.95 E011116 01/11/16 Payroll Tax ‐ Federal 5,814.75 E011116 01/11/16 Payroll Tax ‐ State 516.48 E011416 01/14/16 Paymentech TM ‐ 6990 59.24 E011616 01/19/16 Payroll Tax ‐ Federal 51,069.84 E011616 01/19/16 Payroll Tax ‐ State 6,488.33 E012016 01/20/16 Acct Analysis Fee 889.02 E012016 01/20/16 Paymentech TM ‐ 6990 59.93 E012216 01/22/16 Paymentech TM ‐ 6990 31.99 E012516 01/25/16 Paymentech TM ‐ 6990 21.60 E012516 01/25/16 Payroll Tax ‐ Federal 3,342.18 E012516 01/25/16 Payroll Tax ‐ State 299.41 E012616 01/26/16 Paymentech TM ‐ 6990 35.84 E012616 01/26/16 Payroll Tax ‐ Federal 90.58 E012616 01/26/16 Payroll Tax ‐ State 7.99 E012716 01/27/16 Paymentech TM ‐ 6990 268.73 E5a54a07bab 01/27/16 US Bank 85,919.96 E201602801631 01/28/16 Cirque Du Soleil 20,000.00 E012916 01/29/16 Paymentech TM ‐ 6990 81.71 E20160128 01/29/16 Board Of Equalization 1,247.00
Total January 2016 Electronic Payments 249,871.57
Page 5 of 6
Media Contact: Communications Dept. OC Fair & Event Center (714) 708-1543
MUSINK, Largest Mixer and Radio Control Expo Featured at OC Fair & Event Center in March
Costa Mesa, Calif. (March 2016) – The OC Fair & Event Center is home to a variety of events throughout the year. Here is the current March 2016 events calendar:
March 2016 at the OC Fair & Event Center 4-6 MUSINK Tattoo Convention & Music Festival The 9th annual MUSINK, presented by Travis Barker, is a three-day tattoo convention, car show and live music concert with over 300 world-renowned tattoo artists, hundreds of vendors, three full days of bands and the Low & Slow Car Show. Hours: Friday 3-10 p.m., Saturday Noon-10 p.m., Sunday Noon-9 p.m. Admission: One-Day - General $45, VIP $120; Three-Day - General $120, VIP $299 (Children 7 & younger are free) Information: musink.org, info [at] sgeworldwide [dot] com
12 Centennial Farm Garden Class - Home Grown Tomatoes - Intermediate If there is just one edible plant that you should choose to grow at home, it is the tomato. Nowhere else is the contrast in flavor, nutrition and variety between home- grown and store-bought more evident. This how-to class will provide all the practical knowledge necessary to easily begin growing great tomatoes today. Learn the best soil/potting mixes to buy for containers, raised beds and backyard gardens. Learn how much is enough sunshine and water for your plant. Learn which varieties easily grow great tomatoes, the best times to plant and more. Attendees are encouraged to come prepared with all their tomato plant questions. Hours: Saturday 9:30 a.m.-Noon Admission: $5 (Includes materials & handouts. Register online by Thurs., Mar. 10.) Information: ocfair.com/gardenclasses, [email protected], (714) 708-1619
12-13 Radio Control Expo (RCX) Join thousands of radio control and action technology enthusiasts from across the country as they gather to discover the latest and greatest new products and tech. Hours: Saturday 10 a.m.-5 p.m., Sunday 10 a.m.-4 p.m. Admission: General $15, Child (6-12) $5 (Children 5 & younger are free) Information: RCX.com, mlouck [at] familyevents [dot] com, (317) 236-6515
Communications Department • OC Fair & Event Center • 32nd District Agricultural Association 88 Fair Drive, Costa Mesa, CA 92626 • (714) 708-1543 • ocfair.com
16 13th Annual Orange County's Largest Mixer Join Orange County chambers of commerce and business organizations for the ultimate business networking event! Mix and mingle with 2,500 business people and 200 exhibitors representing hundreds of industries and companies in and around Orange County. Hours: Wednesday 5-9 p.m. Admission: $20 Information: ocmixer.com, info [at] largestmixer [dot] com, (949) 338-8338
19-20 Crossroads of the West Gun Show Two-day gun and western Americana show. Hours: Saturday 9 a.m.-5 p.m., Sunday 9 a.m.-4 p.m. Admission: $16 (Children 12 & younger are free when accompanied by a parent or guardian) Information: crossroadsgunshows.com, (801) 544-9125, gunshows [at] crossroadsgunshows [dot] com
24 Apartment Association of Orange County (AAOC) Rental property owners, resident managers, realtors and property management companies can check out over 100 booths offering products and services to the rental housing industry, ranging from attorneys to water heaters and so much more. Admission and seminars are free. Hours: Thursday 8:30 a.m.-4 p.m. Admission: Free Information: aaoc.com, info [at] aaoc [dot] com, (714) 245-9500
25 & 27 Calvary Chapel Costa Mesa Good Friday & Easter Sunday Services Calvary Chapel Costa Mesa invites everyone for Good Friday worship and communion service, Easter Sunrise Services and Easter Sunday Services. Hours: Friday 7-9 p.m., Sunday 6 a.m. & 10 a.m. Admission: Free Information: easter.cccm.com, cmclean [at] cccm [dot] com, (714) 979-4422
This is a family-friendly event. Click on the icon for a full list of upcoming events for children and families.
March 2016 Weekly Events
Centennial Farm Three-acre working farm designed to educate youth and their families about agriculture and its importance to daily life with fruit and vegetable gardens, livestock and the Millennium Barn. Hours: Monday-Friday 1-4 p.m., Saturday-Sunday 9 a.m.-4 p.m. Closed March 31 Admission: Free (During all-grounds events, admission may be required. Check ocfair.com for more information.) Information: OC Fair & Event Center, ocfair.com or (714) 708-1916
Food Truck Fare – Wednesday (After Dark) & Thursday (Lunch)
Communications Department • OC Fair & Event Center • 32nd District Agricultural Association 88 Fair Drive, Costa Mesa, CA 92626 • (714) 708-1543 • ocfair.com
Enjoy a gourmet food truck meal twice a week at the OC Fair & Event Center. Wednesday features tasty dinner options while Thursday features lunchtime options from a variety of food trucks. Held near the Pacific Amphitheatre Box Office, enter at Gate 1 off Fair Drive. Hours: Wednesday 5:30-9 p.m., Thursday 11 a.m.-2 p.m. Admission and Parking: Free (Food prices vary per truck) Information & Weekly Offerings: ocfair.com, Twitter.com/ocfair, Facebook.com/ocfair
Farmers Market Find the freshest fruit, vegetables, nuts and more at this weekly California-certified market. Hours: Thursday 9 a.m.-1 p.m. Admission and Parking: Free Information: Orange County Farm Bureau, orange.cfbf.com or (714) 573-0374
Orange County Market Place A unique weekend swap meet celebrating food, fun, value and the entrepreneurial spirit. Hours: Saturday and Sunday 7 a.m.-4 p.m. Admission: General $2 (Children 11 and younger are free) Parking: Free Information: Tel Phil Enterprises, ocmarketplace.com or (949) 723-6660
Mark Your Calendar: April & May 2016 Events
Apr. 2 Night Nation Run Apr. 2-3 9th Annual Marine Aquarium Expo (MAX) Apr. 7 Fight Club OC Apr. 10 Sand Sports Super Swap Apr. 15-17 Imaginology – “Full S.T.E.A.M. Ahead” Apr. 22-24 America’s Family Pet Expo Apr. 29-May 1 OC Marathon (Health & Fitness Expo, Kids Run, Half-Marathon, Marathon) May 5 Southern California Sanitary Supply Show May 6-8 Gem Faire May 13-15 OC Night Market
For additional information on any show, please contact the promoter listed in the event’s information. General parking for most events is $8. Scheduled events are subject to change without notice. Visit ocfair.com for event updates.
The OC Fair & Event Center is located off the 405 and 55 freeways at 88 Fair Drive in Costa Mesa. For more information, please visit ocfair.com, become a fan on Facebook.com/OCFair, follow us at Twitter.com/ocfair or call (714) 708-1500.
Communications Department • OC Fair & Event Center • 32nd District Agricultural Association 88 Fair Drive, Costa Mesa, CA 92626 • (714) 708-1543 • ocfair.com MINUTES OF OCFEC BOARD OF DIRECTORS MEETING HELD JANUARY 28, 2016
1. CALL TO ORDER: Chair Mouet called the meeting to order at 9:00 a.m.
2. MISSION STATEMENT
3. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by Director Ruiz. Roll call was taken by Jessica Zimmerman.
4. DIRECTORS PRESENT: Chair Mouet, Vice Chair Berardino, Director Tkaczyk, Director La Belle, Director Aitken, Director Bagneris, Director Ruiz, and Director Cervantes
DIRECTORS ABSENT/EXCUSED: none
OTHERS PRESENT: Kathy Kramer, OCFEC CEO; Ken Karns, OCFEC VP Operations; Jessica Zimmerman, OCFEC; Jerry Eldridge, OCFEC; Evy Young, OCFEC; Joan Hamill, OCFEC; Deborah Fletcher, Office of the Attorney General; Josh Caplan, Office of the Attorney General; Janet Taylor, Stenographer; Bill Harvey, City of Costa Mesa Rec. Leader; Roberta Harvey, City of Costa Mesa Rec. Leader; Megan Riel, Ranch After-School Program Coordinator; Teresa Dayton, Centennial Farm Program Coordinator; Reggie Mundekis; Beth Refakes; Kim Harmes; Steve Furlan; Bobby Florentz; Carol Fusso; Lynda Jones; Steven Davis; Sean Roberts; Ed Mitchell; Bob Berkowitz; Theresa Sears; Nick Anderson
5. CEO’S OPERATIONAL UPDATE
Kathy Kramer, OCFEC CEO, introduced the new Vice President, Operations, Ken Karns. Karns came to OCFEC from the Western Fair District in Ontario, Canada where he spent 25 years. He directed numerous construction projects and master site plans; as a Director of Facility Development he oversaw expansion initiatives.
Michele Richards, OCFEC Vice President, Business Development, discussed the upcoming events for the months of January and February.
Kramer announced that the Centennial Farm Ranch After-School Program is the recipient of the 2015 California Park and Recreation Society Award of Excellence. This award recognizes outstanding achievement in the area of facility design, park planning, marketing and communications, and community improvement. The program demonstrates the benefit of community partnerships and how these partnerships come together to create agricultural education. Kramer than introduced Evy Young, OCFEC Centennial Farm Supervisor.
OC FAIR & EVENT CENTER, 32ND DAA MINUTES OF THE BOARD OF DIRECTORS MEETING January 28, 2016, PAGE 2 OF 8
Young discussed the Centennial Farm Ranch After-School Program at OCFEC. Started in 2003 the Ranch Program currently serves six schools in the Newport-Mesa Unified School District and 800 students. UC Master Gardeners provided volunteer help. Over 100 volunteer hours are dedicated for the Ranch Program every year.
Jerry Eldridge, OCFEC Director of Facilities, discussed the Pacific Amphitheatre seating replacement project. Renovation started on January 18.
Kramer thanked Beth Refakes in connection with the Family Readiness Officer with the 5th Battalion Marine Corps based in Camp Pendleton to connect the military families to the Fair. Kramer also noted that OCFEC received notice to participate on the California State University Fullerton Consulting Program. OCFEC will be working with MBA students to conduct analysis to help identify opportunities to grow our agricultural programming and outreach starting mid-February with a project report delivered back to us on mid-May. Also, announced the new OCFEC event, farm-to-table dinners at Centennial Farm on Saturday, May 14.
Kramer announced awards OCFEC recieved at this year’s annual WFA convention. OCFEC received nine achievement awards, three 1st place, four 2nd place and two 3rd place. She also announced that the OC Fair was ranked the eighth largest fair in attendance in North America by Venues Today; and the Pacific Amphitheatre maintained its rank as number 15 top stops in 2015.
Kramer concluded congratulated the entire Board of Directors for making the annual list of Who Made the News and Lent Influence in 2015 list by the Daily Pilot and also congratulated Director Aitken and Director Tkaczyk on being reappointed to the Board of Directors by Governor Brown.
Chair Mouet thanked Kramer on all the high expectations and the great news of the farm-to-table initiatives. He spoke about the youth in Orange County exploring fair agriculture and the intake to the education. He noted that he is excited about the partnership with the California State University Fullerton.
6. PUBLIC COMMENT
Beth Refakes thanked Kramer for meeting with the Family Readiness Officer and spoked about the Crossroads of the West Gun Show.
Kim Harns has been a vendor for 31 years in the OC Market Place and stated his concern about the loss of vendors and wanted more clarity of how to handle better communication with Tel-Phil. She asked to please save the OC Market Place.
Steve Ferland has been a vendor for 32 years stated it’s their lively hood. They want more information as to what is happening with the OC Market
OC FAIR & EVENT CENTER, 32ND DAA MINUTES OF THE BOARD OF DIRECTORS MEETING January 28, 2016, PAGE 3 OF 8
Place. He asked the board for help to do something to save the OC Market Place.
Bobby Florentz is the Guardians of the Oath, they sponsored the gun show; they work with law enforcement and military to go by all the rules. He asked to please keep the OC Market Place, it’s great to go after the gun show.
Carol Russo is a vendor of the OC Market Place, which represented most of the vendors in the public. She believes it can be brought back and be saved.
Director Tkaczyk asked Russo if they called Tel-Phil and see what they have told them?
Russo stated they have called but Tel-Phil will not return their calls and they will not answer them. She has heard rumors that OC Market Place is being sold.
Reggie Mundekis asked to use OC Fair as an emergency evacuation site and reminded the Board about the obligations under the 2012 Pacific Amphitheatre settlement agreement. Lastly asked where is the direction to book EDM rave events coming from specifically mentioning the Night Nation Run to be held on April 2.
Lynda Jones is also from the Guardians of the Oath. She asked to the Board to please consider keeping the gun show.
Steven Davis is a director of security for the First Southern Baptist Church of Buena Park and a member of the Interfaith Defense Council. He stated he wants to make sure the Board understands that the gun show is very important because they are an expression of a Constitutional right.
Sean Roberts is also a vendor of the OC Market Place; he shared his frustration along with everyone else. He stated they need to pay a $7 fee on the marketing on a monthly basis which has been imposed to them. He has requested the Board’s support to make this work.
Ed Mitchell works with the Constitution Association, he discussed about the gun show; and asked the board to maintained control of the Gun Show.
Bob Borkowitz thanked the board for the opportunity. He has talked to Tel- Phil several times and they have told him they will be selling the OC Market Place. Also mentioned that Mr. Teller from Tel-Phil is not telling them the truth. All he wants a positive way to help all the vendors to be successful at the OC Market Place.
Chair Mouet thanked all the public speakers.
OC FAIR & EVENT CENTER, 32ND DAA MINUTES OF THE BOARD OF DIRECTORS MEETING January 28, 2016, PAGE 4 OF 8
7. MINUTES:
A. Board Meeting held December 17, 2015
ACTION: Director Aitken motioned and Director Cervantes seconded to review and approve the minutes from the Board meeting held December 17, 2015. MOTION CARRIED. AYES: Chair Mouet, Vice Chair Berardino, Director La Belle, Director Tkaczyk, Director Aitken, Director Bagneris, and Director Ruiz. NAYES: none.
8. CONSENT CALENDAR
A. Standard Agreements: SA-014-16IO; SA-019-16AS; SA-020-16HB; SA-021-16BB; SA-022-16BB; SA-024-16GE; SA-025-16HB; SA-027- 16GE; SA-028-16HB; SA-029-16GE; SA-030-16GE; SA-031-16GE; SA-261-SP; SA-264-15MA
B. Amendments : SA-17-11FA
C. Interagency Agreements: SA-269-15HR
D. Letters of Understanding: 03215051
E. Rental Agreements: R-158-15; R-160-15; R-162-15; R-010-16; R-011- 16; R-012-16; R-015-16; R-016-16; R-019-16; R-027-16; R-028-16; R- 032-16; R-041-16; R-042-16; R-043-16; R-044-16; R-047-16; R-048- 16; R-051-16; R-054-16; R-059-16; FT-002-16; FT-004-16; FT-052-16
F. Active Joint Powers Authority Agreements: none
G. Correspondence
i. none.
Communications to the Board from the public in response to Board discussion or to comments made before the Board are to be listed on the meeting agenda and included in the Board materials as an item of public disclosure.
Director La Belle asked to pull SA-270-15SP, PepsiCo Company Contract.
Richards asked to pull SA-270-15SP, PepsiCo Company Contract. There are couple of details that we are working on.
ACTION: Director La Belle motioned and Director Bagneris seconded to review and approve the Consent Calendar with SA-270-15SP removed. MOTION CARRIED. AYES: Chair Mouet, Vice Chair Berardino, Director La Belle, Director Tkaczyk, Director Aitken, Director Bagneris, Director Ruiz and Director Cervantes. NAYES: none.
OC FAIR & EVENT CENTER, 32ND DAA MINUTES OF THE BOARD OF DIRECTORS MEETING January 28, 2016, PAGE 5 OF 8
9. GOVERNANCE PROCESS:
A. Committee/Task Force/Liaison Reports
i. Centennial Farm Foundation Board (Vice Chair Mouet) ii. Heroes Hall Foundation Board (Vice Chair Berardino, Director La Belle) Chair Mouet announced the draft of the MOU between OCFEC and the Centennial Farm Foundation to clarify on how to relate to each other. Once it has been executed there will be more clarity.
Director Aitken asked if this will be done also for Heroes Hall?
Chair Mouet stated yes but he believes the nature of Heroes Hall Foundation was a different species of foundation based on previous legal matters.
Director Bagneris stated there is not any difference between the Centennial Farm Foundation and Heroes Hall as far as foundational, both are public foundations.
Vice Chair Berardino stated they raised $15,000 for the foundation and up about $120,000 that the foundation has raised.
Director La Belle state the next meeting is next month on February 3. He also asked if the MOU had been drafted for the Heroes Hall Foundation.
Richards answered yes it has been drafted.
Vice Chair Berardino stated they have received the determination letter by the IRS and they are approved.
Director Bagneris asked if the fees have been reimbursed the OCFEC, such as the attorney fees.
Director Tkacyk requested to agendize the consumer initiatives recommendations for next month, February.
B. Review of Board Committee/Task Force/Liaison Reports
Chair Mouet announced that Vice Chair Berardino and Director La Belle will continue in Heroes Hall Foundation. Vice Chair Berardino and Director Aitken will continue serving on the Workers’ Memorial Task Force. Director La Belle and Director Cervantes will be serving on the OC Fair City Liaison Committee.
Chair Mouet reported that Director Aitken and Vice Chair Berardino will be joining Legislative Monitoring Task Force; Director La Belle and Director Ruiz will continue serving the Organizational Needs
OC FAIR & EVENT CENTER, 32ND DAA MINUTES OF THE BOARD OF DIRECTORS MEETING January 28, 2016, PAGE 6 OF 8
Assessment Task Force; Vice Chair Berardino and Director Tkacyk will continue to serving Tenant Liaison Committee; Director Bagneris and Chair Mouet will continue in the Finance Committee.
Chair Mouet recommended to create a Master Plan Development Task Force, and would like to serve in the Master Plan Development Task Force if the board agrees.
Director Aitken suggested having the Organizational Needs Task Force go through the ONA report again and show what has been accomplished.
Reggie Mundekis requested for status on the H-2B visa issues. She also suggested they should look at how it will be going to the public outreach countywide.
Teresa Sears asked not to use the last consultant, LSA due to the bad experiences in the past.
Director Aitken suggested if an email account can be established such as [email protected] so people can email if they have any questions or concerns about what the board is doing.
C. Heroes Hall Construction Project
Chair Mouet asked for public comments to come first, called on Beth Refakes.
Beth Rafakes asked for a monthly updated regarding whether the project is over or under budget. She also asked to have historical records when the building would be built.
Chair Mouet than turned it over to Kramer to provide updates on Heroes Hall Construction Project.
Kramer stated the Heroes Hall bid has been pulled. An addendum was inadvertently omitted in the bidding process, this has disqualified all bidders and staff is working with CFFA to reissue the construction bid.
Director La Belle asked if Heroes Hall Project would be finished by Veterans Day this year; perhaps have the contractor complete the project sooner than later might be a better option.
Director Tkaczyk stated he would rather have the project done on time and not in a rushing matter. He believes the celebration can continue taking place on Veterans Day no matter where the project stands and have another opportunity for a completion celebration. If the project is not done an official hard opening celebration can be done for the following Veterans Day.
OC FAIR & EVENT CENTER, 32ND DAA MINUTES OF THE BOARD OF DIRECTORS MEETING January 28, 2016, PAGE 7 OF 8
Chair Mouet has accepted another comment for the OC Market Place from Nick Anderson.
Nick Anderson stated his concerns about OC Market Place and asked for assistance to organize and get some points to who the person in charged.
D. Update on Construction Management options for 32nd DAA Projects Kramer asked Deborah Fletcher, Office of the Attorney General, about the regulations and rules on construction before getting into discussion about Director La Belle’s inquiry about the potential of using one or more private companies other than CFAA for construction management projects.
Fletcher has stated and reminded everyone about the regulations of the options DGS or CFFA to act on the capacity of the inspection. Other companies can become authorize and certified.
Chair Mouet asked if anyone in the board had any questions.
Director La Belle discussed his experience in the past that most city managers try to crunch everything in 30 days and move on into more important things. He would like to explore the possibility of additional authorization from whatever company to look over the work.
Director Tkacyzk proposed Kramer, Chair Mouet, and Vice Chair to fly out to Sacramento to meet with the GSA.
Director La Belle agreed with Director Tkacyzk to travel to Sacramento and work thru the bureaucracy.
10. CLOSED SESSION AT 11:05 A.M. – 11:49 A.M.
Nothing for Closed Session
11. BOARD OF DIRECTORS MATTERS OF INFORMATION
Director Ruiz congratulated Director Aitken and Director Tkaczyk in their reappointment; he also thanked the board and wished everyone happy new year.
Director Cervantes congratulated Director Aitken and Director Tkaczyk in their reappointment; she also thanked the board and the staff of all their hard work.
Director Aiken thanked everyone for the congratulations and is happy to continue another 4 years; also thanked the staff for the Girl Scout Cooke drive.
OC FAIR & EVENT CENTER, 32ND DAA MINUTES OF THE BOARD OF DIRECTORS MEETING January 28, 2016, PAGE 8 OF 8
Director Tkaczyk has thanked the staff and board for another four years.
Director Baganeris has thanked the board and announced she will be absent for next board meeting, will be traveling to Washington D.C.
Director La Belle congratulated Director Aitken and Director Tkaczyk in their reappointment; also thanked the board on all the hard work and is excited for this New Year.
Chair Mouet congratulated Director Aitken and Director Tkaczyk in their reappointment and welcomed Ken Karns. Also stated briefly that it was important to attend the WFA and workshops; lastly he mentioned about his walk thru on the gun show with Kramer.
ACTION: Director Ruiz motioned and Director Aitken seconded to end board meeting. MOTION CARRIED. AYES: Chair Mouet, Vice Chair Berardino, Director La Belle, Director Tkaczyk, Director Aitken, Director Bagneris, Director Ruiz and Director Cervantes. NAYES: none.
12. NEXT BOARD MEETING: THURSDAY, FEBRUARY 25, 2016
13. ADJOURNMENT
Meeting adjourned at 11:55 a.m.
______Gerardo Mouet, Chair
______Kathy Kramer, Chief Executive Officer
OC FAIR & EVENT CENTER STANDARD AGREEMENTS FOR BOARD APPROVAL FEBRUARY 2016 CONTRACT NOT TO EXCEED CONTRACTOR DESCRIPTION EFFORT TYPE TERM RECEIPT AMOUNT # EXPENSE AMOUNT "Monster X Tour Monster Truck Show" in the Action Sports Arena SA-019-16AS Apex Motorsport Promotions, LLC (Revised Contractor Information and Scope of Services, formerly Fair Time 07/27/16 - 07/31/16 $88,950.00 (Revised) Monster Truck Entertainment, LLC) SA-39-16HH Ellis Moore Volunteer Photography for Heroes Hall Year Round 02/08/16 - 11/11/16 $0.00
SA-043-16FT ModSpace Admission and Cash Operations Trailer Rentals Fair Time 02/08/16 - 08/25/16 $9,315.18
SA-046-16YR West Coast Emergency Medical Services Year Round and Fair Time EMT Services Year Round 03/07/16 - 12/31/17 $152,220.00
SA-047-16LL Joe A. Gonsalves & Son Legislative Representation Services Year Round 03/01/16 - 02/28/19 $180,000.00
SA-048-16YR Vision Communications Year Round and Fair Time Radio Rental Services Year Round 03/01/16 - 12/31/17 $122,800.00 $100,000.00 SA-270-15SP Pepsi Beverages Company Carbonated Beverage Sponsorship Year Round 01/01/16 - 12/31/17 Sponsorship Fee + $3.00
Amendments CONTRACT CHANGE IN CHANGE IN NOT TO CONTRACTOR DESCRIPTION EFFORT TYPE TERM # RECEIPT AMOUNT EXCEED EXPENSE SA-21-14SP AM Davis Elen Advertising (Toyota) Option Year for Toyota Sponsorship Year Round 03/10/14 - 11/15/16 $239,000.00 #1
Interagency Agreements CONTRACT CHANGE IN CHANGE IN NOT TO CONTRACTOR DESCRIPTION EFFORT TYPE TERM # RECEIPT AMOUNT EXCEED EXPENSE SA-042-16IA Coast Community College District Parking Lot and Event Center Usage Trade Year Round 01/01/16 - 12/31/16 $30,000.00 (TRADE)
Letters of Understanding NOT TO EXCEED LOU # DEMONSTRATOR DESCRIPTION EFFORT TYPE TERM RECEIPT AMOUNT EXPENSE AMOUNT
Page 1 of 1 STATE OF CALIFORNIA STANDARD AGREEMENT R_____ A_____ F_____
STD 213 (Rev 06/03) AGREEMENT NUMBER SA-019-16AS REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME 32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR'S NAME APEX MOTORSPORT PROMOTIONS, LLC 2. The term of this 07/27/16 through 07/31/16 FED ID: Agreement is:
3. The maximum amount $88,950.00 ($85,750.00 TALENT; $3,200.00 ACCOMODATION BUY OUT) of this Agreement is:
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. nd Exhibit A – Scope of Work – To provide the 32 District Agricultural Association with all labor, equipment, Pages 1 – 5 and materials to produce “Monster X Tour Monster Truck Show” July 27 – July 31 for the 2016 OC Fair. See Page 2 for additional details about event start and finish times. Exhibit B – Budget Detail and Payment Provisions (Attached hereto as part of this agreement) Page 6
Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Pages 7 – 10
Check mark one item below as Exhibit D: Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Pages 11 – 14 Exhibit - D* Special Terms and Conditions
Exhibit E – Action Sports Arena Rider (Attached hereto as part of this agreement) Pages 15 – 18
Exhibit F – Insurance Requirements (Attached hereto as part of this agreement) Pages 19 – 21
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.) APEX MOTORSPORT PROMOTIONS, LLC BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Tony Maderazzo, Chief Operations Officer ADDRESS P.O. Box 503070, White City, OR 97503 (480) 773-6822 or (602) 531-3334 STATE OF CALIFORNIA AGENCY NAME 32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per: Kathy Kramer, CFE, CMP, Chief Executive Officer
ADDRESS 88 Fair Drive, Costa Mesa, CA 92626 SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 2 of 21 EXHIBIT A – SCOPE OF WORK (CONT.)
CONTRACTOR AGREES: 1. To provide the 32nd District Agricultural Association with all labor, equipment and materials to produce the Monster X Tour Monster Truck Show, from Wednesday, July 27, 2016 through Sunday, July 31, 2016. Event dates and times are as follows. a. Wednesday, July 27, at 7:30 p.m. Event must conclude by 9:30 p.m. b. Thursday, July 28, at 7:30 p.m. Event must conclude by 9:30 p.m. c. Friday, July 29, at 7:30 p.m. Event must conclude by 9:30 p.m. d. Saturday, July 30, at 1:00 p.m. Event must conclude by 3:00 p.m. e. Saturday, July 30, at 7:30 p.m. Event must conclude by 9:30 p.m. f. Sunday, July 31, at 1:00 p.m. Event must conclude by 3:00 p.m. g. Sunday, July 31, at 7:00 p.m. Event must conclude by 9:00 p.m. 2. Move in and set up shall take place beginning Monday, July 25, 2016 through 12:00 p.m., Wednesday, July 27, 2016. There will be a very tight turn-around between the time the previous promoter, whose events close July 24, 2016, has to tear down and move out, and the time Monster X Tour has to move in and set up. It is very important that Monster X arrives prepared and with a spirit of cooperation in order to facilitate changeover in the most efficient way possible. Teardown shall take place following the last race on Sunday, July 31, 2016, and, if necessary, shall conclude no later than Monday, August 1, 2016 at 9:00 a.m. 3. Provisions: a. That the premier consideration in the presentation of the Monster X Tour event is the safety of the audience, staff, participants and all others in attendance. b. To provide five (5) top-level monster trucks. c. To include Freestyle Motocross as part of the event with a minimum of three (3) participants. d. To provide metal ramp for Freestyle Motocross event. e. To provide professional event announcer for each show. In addition, to providing color commentary, the announcer shall promote future Monster X events and other events taking place during the 2016 OC Fair. The District representative will provide information pertaining to other OC Fair events. Contractor’s announcer may be supplemented by District commentator. f. To design the Monster X Tour track and instruct District operations crew on construction. To oversee the general production of the event and to ensure its safe and successful completion. g. To provide and place crushed vehicles on the Monster Truck track. h. To assist in the identification and orchestration of promotional and media opportunities associated with the event and performances. i. To promote the event(s) on Contractor’s website. j. To provide participant and public liability insurance, which includes any VIP Pit Party and General Pit Party events. k. To oversee and be responsible for payment to individual drivers. l. To provide Monster Trucks for displays and/or parades. Displays and/or parades will be onsite only, trailers will not be necessary. 4. Promotional Support: a. To provide news release to the District for electronic and print media. All media should be directed through the OC Fair Communications Director, Robin Wachner ([email protected]).
b. To provide driver for interviews.
c. Design an “OC Fair” specific Monster Truck poster for marketing use. SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 3 of 21
EXHIBIT A – SCOPE OF WORK (CONT.)
d. If safe, appropriate and space permits, to display three (3) Monster Trucks around the OC Fair. Placement will be under the direction of the District’s Entertainment staff. 5. Merchandise: a. Contractor shall retain 100% of merchandise sales and will be solely responsible for merchandise sales staffing.
b. Merchandise must depict graphics and text as appropriate for a family-oriented environment of all ages.
6. Participant/Staff Parking: a. Participant’s parking to be located in the Action Sports Arena “Pit Area.” Staff parking to be located in designated parking areas, as directed by District Management.
b. Contractor to provide all event management, participants and officials necessary to execute the performance events in a highly professional and timely manner.
7. Notice of Schedule of Events: a. To provide copy of all advertising and promotional material related to District event(s) before it is released. No advertising material should be released without first being reviewed by the District’s Marketing Director, Ruby Lau ([email protected]).
8. Race: a. No race or event shall begin without emergency services personnel on standby in the “Pit Area.” Emergency personnel shall be provided by the District.
b. No alcoholic beverages to be consumed in the “Pit Area” by anyone involved in the production of races prior to the scheduled race and during the racing program. Contractor accepts the responsibility for monitoring and enforcing this restriction.
c. The “Pit Area” to be restricted to participants, mechanics and officials until the race program is concluded, unless Contractor’s insurance specifically allows.
d. All repair and maintenance of vehicles shall be performed in designated “Pit Area” only.
e. To adhere to all State of California building, safety and fire codes and laws.
9. Sound Mitigation: a. To be held responsible for the installation of effective and approved mufflers on all motorized racing event participant vehicles in order to reduce noise and to be in compliance with the rules and regulations set forth herein regarding noise. Each Monster Truck vehicle must have a minimum of a series chain of two (2) mufflers per header (four (4) at minimum). Mufflers must be of a type designed to specifically and significantly reduce radiated noise.
b. Contractor fully understands that the decibel levels outlined herein are to be strictly adhered to: i. Noise levels are adhered to by the District throughout the event(s) and consist of listening tests as well as measurements. At no time, in any housing area, shall the decibel level be above 55 dB, Z weighted.
ii. Complaints from the surrounding housing areas will be addressed by the District sound monitor in the housing area and a physical listening assessment of the noise will be conducted. Audible noise, irrespective of measured noise, must be reduced to a level specified by the District monitor.
iii. Contractor agrees to a sound check for each Monster Truck vehicle and Motocross vehicle prior to each event. These tests will be conducted under the conditions of the actual event.
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 4 of 21
EXHIBIT A – SCOPE OF WORK (CONT.)
c. Sound system will be set at a decibel level specified and controlled by the District. The use of the sound system in an outside area on the Fairgrounds shall not be permitted to continue after 9:30 p.m. Violations of the decibel level or termination time of the use of the sound system will be subject to discontinued use of the sound system.
d. Failure to comply with District sound restrictions and mandated mitigation requirements may result in cancellation of the event by District management with the performance fee being reduced by the appropriate prorated amount.
10. Food/Alcoholic Beverage Concessions a. District retains all concession rights for the sale of food, beverage and alcohol in and about the Action Sports Arena, and reserves the right to assign concession privileges and to establish and collect charges payable in consideration of the assignment of concession privileges. The existing concessionaire under the District shall have exclusive rights to cater said event.
11. Exit Gates: a. No major exits shall be obstructed or secured in the closed position.
12. Additional Costs: a. All costs deemed necessary and mutually agreed upon and incurred by the District on behalf of the Contractor shall be billed.
13. Acceptance of Grounds: a. Contractor accepts the grounds as they exist. Should Contractor view an area and feel it is unsafe, Contractor must report the area immediately to the District.
14. Injuries: a. All injuries must be reported immediately to the District’s Security personnel, giving the name of individual, type of injury, location of injury and description of how injury occurred.
15. Decorative Materials: a. All decorating material must be removed by Contractor at the conclusion of the event.
b. The use of staples, nails, tacks or cellophane tape for the attachment of decorations to the Fairground facilities and equipment is prohibited. Masking tape and duct tape is permitted.
16. Signs: a. That the District has exclusive sponsorship rights to this event. It is the responsibility of the Contractor to inform non-Fair sponsors that they may not participate in this event unless permission has been given by the OC Fair & Event Center Entertainment Director. In the event that non-Fair Monster X Tour sponsors arrive at the Fair-owned event, it is the responsibility of the Contractor to inform non-Fair sponsors that they cannot set up.
17. Arrival of Items: a. All articles, exhibits, displays and materials shall be brought into District facilities only at such entrances and during such hours as designated by District. Contractor assumes all responsibility for any goods or materials which may be placed in storage with Contractor before, during or after event.
18. Distribution Outside Contracted Space: a. No distribution of any tickets, circulars, or advertising materials of any description will be permitted outside of the Contractor’s contracted area, nor will the posting of any directional or advertising signs be permitted outside of the Contractor’s contracted area.
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 5 of 21
EXHIBIT A – SCOPE OF WORK (CONT.)
19. Additional: a. The Contractor is fully responsible for the behavior and actions of all riders and participants, all rider and participant guests given access to the backstage/PIT area, all employees of Monster X Tour, and all sub- contractors provided by the Contractor to facilitate the event. No alcohol or any other controlled substance may be taken while any of the aforementioned are on the OC Fair & Event Center grounds. If any riders or participants violate this restriction, they will not be allowed to participate in the event and the rider portion of the event fee will be reduced by 10% per incident. Employees of the Monster X Tour are expected to act in a professional manner at all times while on the OC Fair & Event Center grounds. If employees of the Contractor abandon their responsibilities in advance of the event, during the event or following the event, it is the expectation that Contractor will provide a fully qualified replacement or that the performance fee will be reduced by an appropriate amount.
b. Contractor is responsible for the oversight of all rider, participant, guest and employee activity in the backstage/PIT area, including but not limited to behavior, parking and registration.
c. To verify all Contractor’s intended paid and unpaid staff who will be working on District property in support of this contract have been processed through Megan’s Law screening and each individual, as certified by the Contractor, is not a registered sex offender per the Megan’s Law registry.
d. The District reserves the right to terminate any contract at any time by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations, and/or performances required in the terms of the contract.
DISTRICT AGREES: Payment 1. To pay Contractor a total sum not to exceed EIGHTY EIGHT THOUSAND NINE HUNDRED FIFTY DOLLARS ($88,950.00) inclusive of THREE THOUSAND TWO HUNDRED DOLLARS ($3,200.00) accommodation buyout upon satisfactory completion of work herein required on Sunday, July 31, 2016. Operations / Production 1. To provide the Action Sports Arena (Production Trailer, Action Sports Ticket Office, Action Sports Restrooms, Racetrack, entire area fenced in and enclosed for seating of the public and pit area for participants). 2. To provide equipment and operations crew to build the event track under the direction of Contractor. This includes one (1) loader, or similar machine, and one (1) 8,000-pound all-terrain, extended reach forklift. Equipment pieces will be available from July 25, 2016, at 9:00 a.m. through August 1, 2016, at 9:00 a.m. 3. To provide emergency services personnel for races. 4. To provide adequate parking for participants. 5. To provide all necessary lights and sound required to produce event performances. -End Exhibit A- SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 6 of 21 EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5770-70
PAYMENT PROVISIONS:
To pay Contractor upon satisfactory completion of work herein required on Sunday, July 31, 2016.
-End Exhibit B-
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 7 of 21 EXHIBIT C – GENERAL TERMS AND CONDITIONS
GTC 610
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and employees from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys fees, expert fees, and costs of suit), directly, or indirectly, arising from, or in any way related to the performance or nonperformance of this Agreement, regardless of responsibility of negligence; by reason of death, injury, property damage, or any claim arising from the alleged violation of any state or federal accessibility law, statute or regulation, (including but not limited to, the Americans With Disabilities Act, and/or any state, local, successor, or comparable provision of law) however caused or alleged to have been caused, and even though claimed to be due to the negligence of the State. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the 32nd District Agricultural Association, the OC Fair & Event Center, or the State with respect to the sole negligence or willful misconduct of the 32nd District Agricultural Association, the OC Fair & Event Center, the State, or their respective employees, or agents (excluding the Lessee herein, or any of its employees or agents.)
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 8 of 21 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below:
a. The Government Code Chapter on Antitrust claims contains the following definitions:
i. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
ii. "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 9 of 21 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 10 of 21 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 11 of 21 EXHIBIT D – SPECIAL TERMS AND CONDITIONS
CCC-307 CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about: i. the dangers of drug abuse in the workplace; ii. the person's or organization's policy of maintaining a drug-free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will: i. receive a copy of the company's drug-free workplace policy statement; and, ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 12 of 21 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 13 of 21 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 14 of 21 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 15 of 21 EXHIBIT E – THE ACTION SPORTS ARENA HOUSE RIDER / PERFORMANCE AGREEMENT
SHOW STARTING TIMES Performer, Artist and Contractor (terms may be used interchangeably) shall adhere to all starting times as indicated in this Agreement.
PERFORMANCE LENGTH/TIMES Contractor shall adhere to performance lengths and times as indicated in this Agreement.
CURFEW There is a strict 10:00 p.m. curfew in effect unless an extension of curfew is approved in writing by the 32nd District Agricultural Association (District) prior to the performance. If this curfew is not adhered to, Contractor shall be liable and subject to litigation and fines by the State of California for breach of contract. These fines shall be one thousand ($1,000) dollars per minute for the first five (5) minutes and an additional ten thousand ($10,000) dollars for any period thereafter.
PAYMENT Contractor shall be paid by District check upon completion of performance. There shall be no cash payments and no check cashing shall be authorized. Contractors who are not residents of California will be subject to seven percent (7%) State Withholding at Source as determined by the Franchise Tax Board.
PUBLIC ACCESS TO FACILITY The facility will be open to the public approximately 60 minutes prior to the event. However, this opening time is subject to change at the discretion of the District. There shall be no exceptions to these stated times. These requirements are necessary to meet safety and crowd control procedures set by the District, State of California Fire Marshal and the Orange County Sheriff’s Department.
DECIBEL LEVEL Contractor will adhere to the sound ordinance observed by the District. Exact levels will be available upon request and random readings will be taken throughout sound check and performance.
Contractor shall be bound by the sound covenant and shall at all times during any pre-event sound tests and the event operate within the sound restrictions. Contractor agrees that upon discovery or notification of any occurrence of sound level exceedance by either the District, a designated sound monitor or other designee, Contractor shall immediately adjust the sound level to come into compliance with sound level specifications. If repeated sound level violations occur within concert performance after such notification, Contractor agrees that the event may be terminated.
Maximum permissible sound levels, as measured flat (no weighting) on a peak reading calibrated SPL meter:
1. FOH @ mixer location: 95 dB flat. 2. Back of stage, 75 feet: 80 dB flat. 3. Sides of stage, 75 feet: 75 dB flat. 4. Surrounding housing areas: 55 dB.
Number 4 is the limiting and deciding factor: 1-3 don’t matter if 4 is exceeded.
All other measurements must conform to published sound level limitations for the area. In any case, measurements made in surrounding neighborhoods have precedence, regardless of compliance within the venue.
In addition to the above terms, Artist agrees that the District, in exercising its discretion and judgment, retains all rights to adjust the sound level or terminate the performance as it may deem necessary to ensure compliance with the sound restrictions.
MEDIA – WEB SITE The District requires that the Contractor place specific information about the OC Fair on its website. Information should include the entertainer’s name, date, time of performances at the OC Fair, and a web-link to OC Fair website (www.ocfair.com).
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 16 of 21 EXHIBIT E – THE ACTION SPORTS ARENA HOUSE RIDER / PERFORMANCE AGREEMENT (CONT.)
MEDIA - INTERVIEW The District also requires that the Contractor consent to at least one (1) fifteen (15)-minute promotional interview with a local radio station, television station or print reporter in advance of their performance at the OC Fair. Media outlet to be selected by the District. Please contact the District’s Communications Department at (714) 708-1707 to coordinate the interview.
MEDIA - VIDEO Local affiliates of national television networks, upon issuance of proper District press credentials and approval of Contractor’s representative, shall be allowed to videotape up to three (3) minutes of performance for news purposes only. The District actively discourages all non-legitimate videotaping activity.
MEDIA - STILL PHOTOGRAPHY Representatives of legitimate press organizations, upon issuance of proper District press credentials, shall be allowed to photograph a portion of the performance for review purposes only. The District actively discourages all non- legitimate use of still photography.
SOUND AND LIGHTS Contractor agrees to use District-provided sound and lighting equipment. The District will provide industry standard sound and lighting equipment not to exceed allocated budget. Any costs exceeding the budget are the responsibility of the Contractor.
RENTAL EQUIPMENT The District can provide but will not be responsible for payment of rental equipment unless otherwise specifically stated in this Agreement.
GROUND TRANSPORTATION The District will not provide or be responsible for ground transportation of any kind.
HOSPITALITY The District will provide hospitality only when contracted. When contracted, the District will provide only lunch and dinner service chosen from a District determined menu. District will use Contractor’s contract rider as a guide but will make the final decision as to the meal that will be served. Accommodations will be made for vegetarian meals upon request. Additional food and beverage service (i.e. after show and/or tour bus food service) may be requested by the Contractor at the Contractor’s expense from the on-site caterer.
The District will not provide alcoholic beverages and/or tobacco products as a part of this Agreement.
MERCHANDISING Merchandising sales are subject to 70%/30% split with the venue selling the merchandise. The split on media/CD’s is 90%/10%. District will provide adequate point(s) of sale. Contractor is responsible for seller’s fee in addition to commission. Sales will be audited at the end of the evening by a designated District staff member.
SPONSORSHIPS The District will retain all sponsorship rights to the venue. In the event that a Performer’s sponsor becomes a contracted part of the agreement, the District’s sponsorships will take precedence over Performer’s sponsorships. Performer’s sponsorship signage may be used only with approval of the District representative. The District’s representative and sponsorship manager shall be notified prior to the signing of this agreement of any potential conflicts related to sponsors. Performers shall not receive any revenues from District sponsorships.
The Action Sports Arena is eligible for two sponsorships: title and presenting. The District shall determine the appropriate number and size of signs displayed inside and outside of the Action Sports Arena.
INSURANCE Prior to the performance, Contractor shall provide a valid Certificate of Insurance indicating minimum coverage of one million ($1,000,000) dollars for General Liability and Automobile Liability, in a manner and form acceptable to the District. No indemnification, hold harmless or additional insured certificate will be provided to Contractor.
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 17 of 21 EXHIBIT E – THE ACTION SPORTS ARENA HOUSE RIDER / PERFORMANCE AGREEMENT (CONT.)
FORCE MAJEURE CLAUSE The District’s obligation are subject to Act of God, violent storms, riots, wars, labor difficulties, epidemics, and act or order by any public authority of any cause similar or dissimilar beyond the District’s control, or in the event of the destruction of the Action Sports Arena or adjoining areas of the Fairgrounds by violent weather, fire, or national or local calamity or any unforeseen fulfillment of this agreement by the District impossible and appearances of the Contractor impossible. If such an occurrence shall occur necessitating the cancellation of any show(s) which shall be mutually agreed upon between the District and the Contractor, then the Contractor shall be paid on a prorated basis for shows(s) performed. When one show only is presented and condition(s) beyond the control of the Contractor and District which would prevent the start of the show at scheduled time it is mutually agreed the show can be delayed a maximum of 90 minutes to correct such condition and to present herein.
INDEMNIFICATION To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and employees from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys fees, expert fees, and costs of suit), directly, or indirectly, arising from, or in any way related to the performance or nonperformance of this Agreement, regardless of responsibility of negligence; by reason of death, injury, property damage, or any claim arising from the alleged violation of any state or federal accessibility law, statute or regulation, (including but not limited to, the Americans With Disabilities Act, and/or any state, local, successor, or comparable provision of law) however caused or alleged to have been caused, and even though claimed to be due to the negligence of the State. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the 32nd District Agricultural Association, the OC Fair & Event Center, or the State with respect to the sole negligence or willful misconduct of the 32nd District Agricultural Association, the OC Fair & Event Center, the State, or their respective employees, or agents (excluding the Lessee herein, or any of its employees or agents.)
COPYRIGHT INFRINGEMENT INDEMNIFICATION Artist warrants and represents that no musical, literary, or artistic work or other property protected by copyright will be performed, reproduced or used in the performance of this Agreement unless Artist has previously thereto obtained written permission from the copyright holder or is otherwise exempt under 17 U.S.C. §§110: “notwithstanding the provisions of Section 106, the following are not infringements of copyright:… (6) Performance of a nondramatic musical work by a governmental body or a nonprofit agricultural or horticultural organization, in the course of an annual agricultural or horticultural fair or exhibition conducted by such body or organization; the exemption provided by this clause shall extend to any liability for copyright infringement that would otherwise be imposed on such body or organization, under doctrines of vicarious liability or related infringement for a performance by a concessionaire, business establishment, or other person at such fair or exhibition, but shall not excuse any such person from liability for the performance.”
Artist acknowledges that Artist acts under this Agreement as an independent contractor charged with the responsibility, in Artist’s sole discretion, for selection, performance, reproduction and use of such musical, literary and artistic works as contractor deems appropriate and that Artist undertakes strict compliance with all laws respecting copyrights and the performance, reproduction and use of musical, literary, artistic works.
Artist warrants that in the performance of this Agreement, Artist will not infringe any statutory, common law or other right of any person in performing, reproducing or otherwise making use of any work or material. Artist will indemnify, save and hold harmless the State and its agencies, including District, and their officers, agents, employees and servants from and against all claims, costs, and expenses (including legal fees), demands, actions and liability of every kind and character whatsoever with respect to copyright and the performance, reproduction and use of musical, literary and artistic works. Artist authorizes the withholding of payment under this Agreement pending the final disposition of any claim which may result from the foregoing indemnification.
MISCELLANEOUS The performance may be emceed (i.e. “welcomed by”) a local market radio station personality. In no way shall this be considered a “co-promotion” or “presented by” situation. Contractor shall be informed of the station selected prior to the engagement.
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 18 of 21 EXHIBIT E – THE ACTION SPORTS ARENA HOUSE RIDER / PERFORMANCE AGREEMENT (CONT.)
PROMOTIONAL MATERIAL & ADVERTISING Upon receipt of contract, Contractor shall provide to the District any and all available materials, specifically to include biographical information, photographs, audio and/or video tapes (beta only) for District’s use in promotional, collateral and advertising material for this event/performance.
All promotional, collateral and advertising material for the event will be developed and approved by the District. This material will be executed in a festival-style approach.
All Performer names including spelling, capitalization, and addendums must be designated in contracts. Changes cannot be made after the contract has been finalized. Performers will not have prior approval of any Fair-related promotional or advertising material. All Performer guidelines must be outlined in contracts and will be incorporated as indicated.
No preferential changes of images provided by Artists’ management or publicity agents will be permitted unless provided image is no longer valid due to personnel changes. Due to space limitations, Artist logos will not be used in any promotional materials.
COMPLIMENTARY TICKETS The District will provide complimentary reserved seat tickets only when contracted. If available, the Performer may purchase additional tickets through the OC Fair box office. Performer’s guests will be subject to a parking charge at the event.
PROFANE OR OBSCENE LANGUAGE This is a State of California facility and all performances will be viewed by adults and children alike. The use of profane or obscene language or gestures will not be tolerated. Any display of such language or gestures by any performer or their representatives while in the view or earshot of the public will be a finable offense subject to one thousand ($1,000) dollars per incident and may preclude Contractor from future performance opportunities at the OC Fair.
CONFLICT OF LAWS OR TERMS It is expressly understood and agreed that this Agreement shall be governed by the laws of the State of California both substantive and procedural. In the case of conflict between the District/State Documents and Contractor’s Documents, the District/State Documents shall prevail if the parties can not mutually agree upon a resolution of the conflict.
CONTRACTOR’S POWER AND AUTHORITY Performer or Performer’s designee as signatory to this Agreement is empowered and has the authority to enter into this Agreement and bind Performer to the terms and conditions contained herein. If the Performer is not signing and contracting in own name to perform the entertainment services, then whatever business entity is signing and contracting to provide the services of the Performer shall clearly state: a) the exact name of the business entity; b) the state of incorporation or principal place of business; c) followed by the designation “F.S.O.” (for services of) and immediately followed by the name of the performing Artists on the preprinted blank line on the first page.
______Kathy Kramer, CFE, CMP, Chief Executive Officer or Artist/Producer/Contractor 32nd District Agricultural Association OC Fair & Event Center
-End Exhibit E-
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 19 of 21 EXHIBIT F – INSURANCE REQUIREMENTS
California Fair Services Authority
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:
A. Insurance Certificate: The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured: "That the State of California, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages: a. General Liability Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 0001. Limits shall be not less than $5,000,000 per occurrence for Fairtime Carnival Rides; $3,000,000 per occurrence for Motorized Events All Types except arena or track motorcycle racing and go-cart racing; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, Simulators, and Motorized Events of arena or track motorcycle racing and go-cart racing; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
b. Automobile Liability Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 0001, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
d. Medical Malpractice Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages. SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 20 of 21 EXHIBIT F – INSURANCE REQUIREMENTS (CONT.)
4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder: a. For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder:
32nd District Agricultural Association, OC Fair & Event Center, 88 Fair Drive, Costa Mesa, CA 92626
b. For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program: The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates: A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).
OR
D. Self-Insurance: The contractor/renter is self-insured and acceptable evidence of self-insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
A. Maintenance of Coverage: The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
SA-019-16AS APEX MOTORSPORT PROMOTIONS, LLC PAGE 21 of 21 EXHIBIT F – INSURANCE REQUIREMENTS (CONT.)
B. Primary Coverage: The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
C. Contractor’s Responsibility: Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.
D. Certified Copies of Policies: Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
For hazardous participant events, the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter. Hazardous participant events include but are not limited to any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority at (916) 921-2213 for further information.
-End Exhibit F-
STATE OF CALIFORNIA CONTRACT NUMBER AM. NO. FEDERAL TAXPAYER ID. NUMBER SHORT FORM CONTRACT (For agreements up to $9,999.99) SA-39-16HH STD. 210 (Revised 6/2003) Invoice must show contract number, itemized expenses, service FOR STATE USE ONLY dates, vendor name, address and phone number. SUBMIT INVOICE IN TRIPLICATE TO: STD. 204 N/A ON FILE ATTACHED CERTIFIED SMALL BUSINESS
nd CCCs N/A ON FILE ATTACHED CERTIFICATE NUMBER 32 District Agricultural Association DVBE % N/A GFE OC Fair & Event Center Late reason 88 Fair Drive Public Works Contractor’s License Costa Mesa, CA 92626 Exempt from bidding
1. The parties to this agreement are: STATE AGENCY’S NAME, hereafter called the District. CONTRACTOR’S NAME, hereafter called the Contractor.
32ND DISTRICT AGRICULTURAL ASSOCIATION ELLIS MOORE
2. The agreement term is from 02/08/16 through 11/11/16 3. The maximum amount payable is $ 0.00 (Volunteer) pursuant to the following charges: Wages/Labor $ Parts/Supplies $ Taxes $ Other $ (Attach list if applicable.) 4. Payment Terms (Note: All payments are in arrears.) ONE TIME PAYMENT (Lump sum) MONTHLY QUARTERLY ITEMIZED INVOICE OTHER N/A Volunteer 5. The Contractor agrees to furnish all labor, equipment and materials necessary to perform the services described herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference. Further the Contractor agrees: a. To take weekly photos taken from one (1) specified location and two (2) - three (3) random locations of the Heroes Hall project starting 02/08/16 – 11/11/16. b. Photos shall be taken every Wednesday between 10am-2pm. c. Contractor shall check-in with the Director of Technology & Production prior to accessing the project job site via phone. d. Contractor shall check-in with job site safety team and sign in to access job site and safety equipment(hard hat, safety vest). e. Photos shall be made available for download on a monthly basis or downloaded via external hard/flash drive f. The District reserves the rights to use the images for display, exhibit or communication of project with name recognition provided to Contractor. g. To name the District its employees, contractors, and agents as an additional insured on a one (1) million dollar general liability policy. EXHIBITS (Items checked in this box are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.) GTC*SF 610 GIA* *If not attached, view at www.ols.dgs.ca.gov/Standard+Language. Other Exhibits (List) CCC-307 and Insurance Requirements attached hereto as part of this agreement.
In Witness Whereof, this agreement has been executed by the parties identified below: STATE OF CALIFORNIA CONTRACTOR AGENCY NAME CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.) 32ND DISTRICT AGRICULTURAL ASSOCIATION ELLIS MOORE BY (Authorized Signature) DATE SIGNED BY (Authorized Signature) DATE SIGNED
@ PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
Jason Jacobsen, Director, Technology and Production ELLIS MOORE ADDRESS ADDRESS 561 S PASEO DE LUNA, ANAHEIM, CA 92807 88 Fair Drive, Costa Mesa, CA 92626 FUND TITLE ITEM FISCAL YEAR CHAPTER STATUTE OBJECT CODE
SIGNATURE OF ACCOUNTING OFFICER DATE SIGNED I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.
STATE OF CALIFORNIA CONTRACT NUMBER AM. NO. FEDERAL TAXPAYER ID. NUMBER SHORT FORM CONTRACT (For agreements up to $9,999.99) SA-043-16FT STD. 210 (Revised 6/2003)
Invoice must show contract number, itemized expenses, service FOR STATE USE ONLY dates, vendor name, address and phone number. SUBMIT INVOICE IN TRIPLICATE TO: STD. 204 N/A ON FILE ATTACHED CERTIFIED SMALL BUSINESS
nd CCCs N/A ON FILE ATTACHED CERTIFICATE NUMBER 32 District Agricultural Association DVBE % N/A GFE OC Fair & Event Center Late reason 88 Fair Drive Public Works Contractor’s License Costa Mesa, CA 92626 Exempt from bidding
1. The parties to this agreement are: STATE AGENCY’S NAME, hereafter called the District. CONTRACTOR’S NAME, hereafter called the Contractor. 32ND DISTRICT AGRICULTURAL ASSOCIATION MODULAR SPACE CORPORATION dba MODSPACE
2. The agreement term is from 02/08/16 through 08/25/16 3. The maximum amount payable is $ 9,315.18 pursuant to the following charges: Wages/Labor $ Parts/Supplies $ Taxes $ Other $ 9,315.18 (Attach list if applicable.) 4. Payment Terms (Note: All payments are in arrears.) ONE TIME PAYMENT (Lump sum) MONTHLY QUARTERLY ITEMIZED INVOICE OTHER 5. The Contractor agrees to furnish all labor, equipment and materials necessary to perform the services described herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference. ADDITIONAL PAGES ATTACHED
Exhibit A – Scope of Work – Mobile Office Trailer Unit Rental Exhibit B – Budget Detail and Payment Provisions Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Exhibit D – Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit E – Insurance Requirements (Attached hereto as part of this agreement)
EXHIBITS (Items checked in this box are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.) GTC* 610 GIA* *If not attached, view at www.ols.dgs.ca.gov/Standard+Language. Other Exhibits (List) See Section 5 above.
In Witness Whereof, this agreement has been executed by the parties identified below: STATE OF CALIFORNIA CONTRACTOR AGENCY NAME CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.) 32ND DISTRICT AGRICULTURAL ASSOCIATION MODULAR SPACE CORPORATION dba MODSPACE BY (Authorized Signature) DATE SIGNED BY (Authorized Signature) DATE SIGNED
@ PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Jerry Eldridge, Director of Facilities Angel Meenan, Contract Analyst ADDRESS ADDRESS 88 Fair Drive, Costa Mesa, CA 92626 11115 Hemlock Avenue, Fontana, CA 92337 (800) 523-7918 FUND TITLE ITEM FISCAL YEAR CHAPTER STATUTE OBJECT CODE
Operating Distribution SIGNATURE OF ACCOUNTING OFFICER DATE SIGNED I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.
SA-043-16FT MODULAR SPACE CORPORATION PAGE 2 of 15
EXHIBIT A – SCOPE OF WORK
CONTRACTOR AGREES: 1. To provide two (2) 12’ x 60’ rental mobile office units (“Units”) to the 32nd District Agricultural Association, OC Fair & Event Center (“District”), from February 8, 2016 – August 25 for the 2016 OC Fair.
2. The District reserves the right to modify the rental period. Reduced and/or additional costs, if any, will be mutually agreed upon by Contractor and the District. The District shall only be charged for actual services rendered. The rental cost is to be pro-rated at a “half-month” rate for any rental that is fifteen (15) days or less into monthly billing cycle. The monthly billing cycle begins the first day the rental unit is delivered and recurs every thirty (30) days thereafter. The District shall not be charged any additional fees and/or early termination charges in the event of early termination of the rental period.
3. The rental rate and “one-time fees” submitted in Contractor’s quotes dated January 15, 2016 and listed in the table below are inclusive of all equipment, fuel, materials, tools, labor, taxes, and any other fees necessary for the delivery, installation, rental period, removal and pick-up of two (2) Units. The total per unit amount including seven (7) months’ rent, taxes, delivery, installation, and removal is as follows:
4. Invoices shall be submitted at the beginning of each monthly billing cycle and the District shall submit payment within sixty (60) days of completion of services herein required and upon receipt of proper invoice.
SA-043-16FT MODULAR SPACE CORPORATION PAGE 3 of 15 5. The Units shall be referred to and billed separately using the following Unit names: a. Admissions b. Sales Command Center
6. Delivery and pick-up shall take place as requested by the District. Anticipated delivery date is Monday, February 8, 2016. Anticipated Pick-up date is Thursday, August 25, 2016. All deliveries and pick-ups shall take place between 7:00 a.m. and 3:00 p.m.; the delivery and pick-up dates are critical. Each delivery/pick-up must be completed on the date and/or time specified in the bid, unless otherwise agreed upon by the District. 7. Contractor is responsible to ensure all necessary anchors and tie downs are installed in accordance with State approved foundation plans. 8. The Contractor shall be required to install Seismic Ties in the event the installation method/ foundation of the Office Trailer Unit do not provide proper support and anchorage system. 9. Upon removal of Units, Contractor is responsible for the removal of all seismic ties. The District shall be responsible for patching holes resulting from seismic tie removal. 10. Contractor shall provide Units that are in good condition and Units shall be delivered clean and ready to use. 11. Contractor has certified Units are approved by and compliant with the requirements set forth by the California Department of Housing and Community Development (DOHCD).
12. To provide the Units as specified in this Agreement and according to the specifications provided in Contractor’s quote dated January 15, 2016.
13. Floorplan and Layout Specifications are as follows:
a. Basic Dimension: 12’ x 60’ (Building Size- See Example Image) b. Quantity Needed: Two (2) trailers c. Locations: Two (2) trailers are to be located outside the Administration building d. The trailers shall be referred to and billed separately using the following trailer unit names Admissions Sales Command Center e. The Admissions trailer unit will be placed on a sloped surface that consists of grass, dirt and gravel f. The Sales Command Center trailer unit will be placed on asphalt g. Placement of the trailer units require that the Sales Command Center is to be delivered prior to the delivery of Admissions h. Each trailer unit shall have two doors, Both doors shall be on the same side i. All doors must have door locks on the door handles in addition to dead bolts j. Each trailer unit shall have HVAC . The HVAC system is expected to provide the appropriate output for the size of the trailer k. Each trailer unit shall have three (3) rooms: 1 small room on each end and 1 large middle room l. Each trailer unit shall have mini blinds m. Each trailer unit shall have windows on the same side as the entryways n. Each trailer unit shall have barred windows o. Both trailers unit shall have the hitch removed p. The trailer unit must be set with stair access q. Price quoted shall include stair access to trailer r. Stair access shall include handrails and meet OSHA requirements s. There shall not be a gap between the stair access and the trailer
14. Upon removal of Units, Contractor is responsible for the removal of all seismic ties. The District shall be responsible for patching holes resulting from seismic tie removal.
15. Contractor shall bear all responsibility for theft, damage, injury, or death arising during the Contractor’s delivery, installation, removal, and/or return delivery of Units unless such theft, damage, injury, or death is the direct result of Districts’ negligence or willful misconduct.
SA-043-16FT MODULAR SPACE CORPORATION PAGE 4 of 15 16. Contractor shall also bear all responsibility for damage, repairs, injury, or death arising from Contractor’s failure to comply with all applicable federal, state, municipal or local building codes, zoning ordinances, rules, laws or other types of regulations or use codes.
17. The District reserves the right to terminate any contract at any time by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations, and/or performances required in the terms of the contract.
DISTRICT AGREES: 1. To provide Contractor access for delivery, installation, and removal of the Units.
2. To provide General Liability Coverage and Property Insurance Coverage as specified in Contractor’s quote dated January 15, 2016.
3. Except as otherwise stated herein, the District shall assume liability for all risk of loss or damage to the Units while Units are in the District’s sole possession and agrees to indemnify and hold Contractor harmless for any such loss. Further, in the event any of the Units are lost, stolen, damaged beyond repair, or wholly destroyed, the rental for said Unit(s) shall cease and terminate as of the date of the event, accident or occurrence causing such loss or destruction and the District shall bear the responsibility for the replacement cost of lost Unit in the amount of thirty-six thousand dollars ($36,000.00) per Unit.
4. To pay Contractor a total amount not to exceed NINE THOUSAND THREE HUNDRED FIFTEEN DOLLARS AND EIGTHEEN CENTS ($9,315.18) based upon the rates as detailed herein.
-End Exhibit A-
SA-043-16FT MODULAR SPACE CORPORATION PAGE 5 of 15 EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: Distribution
PAYMENT PROVISIONS:
Payment will be made Net 60 upon satisfactory completion of services herein required and upon receipt of proper invoice. Invoices shall be submitted at the beginning of each rental month.
All invoices are to be itemized and include the District’s Purchase Order (PO) number 46078. Invoices may be sent via email to [email protected] or mailed as follows:
OC Fair & Event Center Attn: Accounts Payable 88 Fair Drive Costa Mesa, CA 92626
-End Exhibit B-
SA-043-16FT MODULAR SPACE CORPORATION PAGE 6 of 15 EXHIBIT C – GENERAL TERMS AND CONDITIONS GTC 610
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and employees from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys fees, expert fees, and costs of suit), directly, or indirectly, arising from, or in any way related to the performance or nonperformance of this Agreement, but only to the extent caused by or resulting from the negligence or willful misconduct of Contractor and/or Contractor’s employees, contractors, or Agents.
To the fullest extent permitted by law, the District shall defend, indemnify, and hold harmless Contractor and Contractor’s respective agents, directors, and employees from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys fees, expert fees, and costs of suit), directly, or indirectly, arising from, or in any way related to the performance or nonperformance of this Agreement, but only to the extent caused by or resulting from the negligence or willful misconduct of the District and/or District’s employees, contractors, or Agents.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
SA-043-16FT MODULAR SPACE CORPORATION PAGE 7 of 15 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
i. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
ii. "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
SA-043-16FT MODULAR SPACE CORPORATION PAGE 8 of 15 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
SA-043-16FT MODULAR SPACE CORPORATION PAGE 9 of 15
EXHIBIT D – SPECIAL TERMS AND CONDITIONS
CCC-307 CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about: i. the dangers of drug abuse in the workplace; ii. the person's or organization's policy of maintaining a drug-free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will: i. receive a copy of the company's drug-free workplace policy statement; and, ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
SA-043-16FT MODULAR SPACE CORPORATION PAGE 10 of 15
EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
SA-043-16FT MODULAR SPACE CORPORATION PAGE 11 of 15 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
SA-043-16FT MODULAR SPACE CORPORATION PAGE 12 of 15 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desistorder not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
SA-043-16FT MODULAR SPACE CORPORATION PAGE 13 of 15
EXHIBIT E – INSURANCE REQUIREMENTS
California Fair Services Authority
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:
A. Insurance Certificate: The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured: "That the State of California, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages: a. General Liability Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 0001. Limits shall be not less than $5,000,000 per occurrence for Fairtime Carnival Rides; $3,000,000 per occurrence for Motorized Events All Types except arena or track motorcycle racing and go-cart racing; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, Simulators, and Motorized Events of arena or track motorcycle racing and go-cart racing; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
b. Automobile Liability Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 0001, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
d. Medical Malpractice Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages.
SA-043-16FT MODULAR SPACE CORPORATION PAGE 14 of 15 EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder: a. For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder:
32nd District Agricultural Association, OC Fair & Event Center, 88 Fair Drive, Costa Mesa, CA 92626
b. For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program: The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates: A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).
OR
D. Self-Insurance: The contractor/renter is self-insured and acceptable evidence of self-insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
A. Maintenance of Coverage: The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
SA-043-16FT MODULAR SPACE CORPORATION PAGE 15 of 15 EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
B. Primary Coverage: The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
C. Contractor’s Responsibility: Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.
D. Certified Copies of Policies: Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
For hazardous participant events, the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter. Hazardous participant events include but are not limited to any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority at (916) 921-2213 for further information.
-End Exhibit E-
R______A______F______STATE OF CALIFORNIA STANDARD AGREEMENT
STD 213 (Rev 06/03) AGREEMENT NUMBER SA-046-16YR 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME 32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR'S NAME WEST COAST EMERGENCY MEDICAL SERVICES 2. The term of this 03/07/16 through 12/31/17 FED ID: Agreement is: with three (3) one-year options to renew at the sole discretion of the District
3. The maximum amount $152,220.00 of this Agreement is: Not to exceed $457,157.09 with inclusion of option years 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
Exhibit A – Scope of Work – To provide emergency medical technician services.
Exhibit B – Budget Detail and Payment Provisions (Attached hereto as part of this agreement) Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Check mark one item below as Exhibit D: Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit - D* Special Terms and Conditions Exhibit E – Insurance Requirements (Attached hereto as part of this agreement) Exhibit F – Contracted Financial Proposal Bid Form (Attached hereto as part of this agreement)
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
California Department of General Services CONTRACTOR Use Only CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.) WEST COAST EMERGENCY MEDICAL SERVICES BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Jeremy Niederman, President ADDRESS 13502 Whittier Blvd. Suite H #254, Whittier, CA 90605 STATE OF CALIFORNIA AGENCY NAME 32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per: Kathy Kramer, CFE, CMP, Chief Executive
ADDRESS
88 Fair Drive, Costa Mesa, CA 92626 SA-046-16YR West Coast Emergency Medical Services PAGE 2 of 31 EXHIBIT A – SCOPE OF WORK
A. PURPOSE AND BACKGROUND
The 32nd District Agricultural Association (“District”) is seeking a highly qualified first response, emergency medical and safety company to provide basic life support/advanced first aid equipment and services for the OC Fair & Event Center. The District is a California State agency, operating under the purview of the Division of Fairs and Expositions of the California Department of Food and Agriculture, and is governed by a nine-member Board of Directors appointed by the Governor of California.
The OC Fair & Event Center is a 150-acre event venue located in Costa Mesa, California. The site hosts over 150 events each year, which attracts 4.3 million visitors annually, and is home to the OC Fair, Centennial Farm, Pacific Amphitheatre and Imaginology.
The OC Fair is the second largest fair in the state of California and the eighth largest fair in the United States. The OC Fair currently operates for twenty-three (23) days in July and August, Wednesday through Sunday and is closed to the public on Monday and Tuesday. The current operating hours for the OC Fair are weekdays from 12:00 p.m. – 12:00 a.m. and weekends from 10:00 a.m. – 12:00 a.m. Contractor’s services are required before, during, and after operating hours. The annual OC Fair attendance exceeds 1.3 million visitors and the footprint utilizes the entire property in addition to nearby offsite locations. The various locations listed herein are part of the larger OC Fair and comprise an “event within the event” orientation.
Within the OC Fair footprint are two sections of carnival/independent amusement rides, the “Main Carnival” (approximately 423,200 square feet) and “Kid Land” (approximately 96,000 square feet). These sections have a combined total of approximately sixty (60) to seventy (70) rides, including spectacular attractions such as “La Grande Wheel” and “Sky Ride” as well as roller coasters, bumper cars and multi-story slides. While entertainment is a highlight of the OC Fair, it is one component of robust programming in agriculture, attractions, amusement, food and beverage, and exhibits which comprise the total OC Fair experience. Attachment A has been provided to give potential Bidders insight into the layout and size of the OC Fair (see Part VIII – Attachments).
Imaginology is an annual three (3)-day youth event which usually takes place in the Spring, but may move to the Fall during the term of this Agreement. The event features family-friendly S.T.E.A.M. (Science, Technology, Engineering, Arts and Mathematics) related exhibits and hands-on activities for children ages pre-school through high school. Attendance for the event is approximately 40,000. The event utilizes approximately 870,000 square feet of the OC Fair & Event Center property. Attachment B has been provided to show the property utilized during Imaginology (see Part VIII – Attachments).
In addition to the District’s two self-produced annual events, OC Fair and Imaginology, the District hosts various types of Year-Round Events such as trade shows, festivals, animal shows, sporting events, craft fairs and non- public events such as corporate parties, market research studies and consumer trade shows. The estimated number of patrons per event ranges from 50 to 90,000. Attendance varies depending on weather, event and day of the week. Attachment C has been provided to show the Year-Round property layout (see Part VIII - Attachments).
Contractor will provide Emergency Medical Technician services for 2016 and subsequent contract years for the OC Fair and Imaginology as well as for Year-Round Events, as requested. The District cannot guarantee a minimum and/or maximum number of services. Length of day will vary based upon number of events, patrons and schedule.
Contractor’s services shall include providing equipment, personnel and services as indicated below.
B. MINIMUM QUALIFICATION AND CERTIFICATION REQUIREMENTS
1. Contractor and/or Contractor Personnel shall have current technical expertise, formal training and certification in the areas of basic life support, emergency medical, advanced first aid, and first response.
SA-046-16YR West Coast Emergency Medical Services PAGE 3 of 31 2. All Contractor’s medical personnel assigned to the District shall, at minimum, be certified Emergency Medical Technicians. Emergency Medical Technicians (EMTs) shall possess and submit evidence of the following to be considered responsive to this RFP, and each year of the contract to be eligible to perform services if the selected Bidder:
a. Current state of California certification for Emergency Medical Technicians;
b. Current Orange County Emergency Medical Technician accreditation; and
c. Possess a valid California Driver License.
3. Documented evidence of five (5) years of relevant experience providing similar Emergency Medical Technician services for equivalent venues to the OC Fair & Event Center. A portion of experience shall have been conducted in the state of California in addition to the below:
a. Bidder provided services for a minimum of ten (10) or more days of events annually, which included both small and large-scale applications;
b. Fairs, festivals, sporting events, and/or stadiums serviced by Bidder with a minimum cumulative attendance of 45,000 patrons per day;
c. Bidder was primary service provider; and
d. Bidder serviced a minimum of one (1) equivalent venue in 2013, 2014, and/or 2015.
4. No EMT performing in service of the resulting Agreement shall have been decertified within the last five (5) years. If an EMT has been decertified, but Bidder feels an explanation will show this does not compromise the EMTs ability to successfully fulfill the services herein described, Bidder shall include an explanation for the decertification.
C. GENERAL REQUIREMENTS
1. Contractor shall provide all equipment and materials necessary to perform the required duties, at a contracted rate, as indicated herein and on the Financial Proposal Bid Form. Pricing shall include all labor, delivery/fuel charges, equipment, installation, teardown, and any other costs to support the Scope of Work.
2. Contractor shall provide basic life support and first aid Emergency Medical Technician services licensed by the State of California and the County of Orange. Contractor's staff shall respond to medical emergencies and to assess injuries/illness and render basic life support leading to the safe evacuation of patients, as may be required. Incidents requiring advanced life support intervention will be served by Contractor calling local agencies licensed to provide such advanced life support care.
3. Contractor shall provide professional first aid emergency medical services to event exhibitors, contractors, vendors, staff and patrons who are attending and/or supporting a scheduled onsite event at the OC Fair & Event Center.
4. Contractor shall provide versatile personnel and equipment capable of meeting the varied requirements of staff and visiting patrons. Equipment shall include, but not be limited to, First Aid Station, trailer, rescue carts/mini-ambulances, automatic external defibrillators and medical supplies.
5. Contractor shall be responsible for equipment setup and strikes, as dependent upon the event(s) taking place.
6. Contractor shall provide qualified personnel to set up equipment, monitor and utilize equipment according to patron needs, provide security for equipment, and tear down equipment. The District reserves the right to request staff changes at any time, for any reason.
7. Contractor shall be responsible for maintaining first aid and related equipment, which may remain in place from the first day of installation through the end of the last event day.
8. Contractor shall be required to set up at various locations as specified by the District, according to the event schedule.
SA-046-16YR West Coast Emergency Medical Services PAGE 4 of 31 9. Contractor shall provide equipment and personnel for a minimum of twenty-three (23) performance days/nights during the run of the annual OC Fair in addition to setup and teardown. Typically, services will not be needed on Mondays or Tuesdays. In addition, Contractor shall provide equipment and personnel for the annual Imaginology event as well as Year-Round Events, as requested.
10. Contractor will work closely with District Management and other District Departments to provide an efficient and smooth operation, including working in cooperation with the District’s Safety & Security Department, contracted law enforcement provider(s) and contracted safety consultants in the performance of the services identified herein.
11. Contractor shall be responsible for testing all equipment and ensuring they are whole and fully functional in order to meet the requirements contained herein or as otherwise agreed upon by Contractor and the District.
12. Contractor must own a substantial percentage of the equipment used in the service of this Agreement and shall be able to fulfill the District’s requirements in their entirety. If additional equipment is required from suppliers, Contractor shall properly tag such inventory, as required in Paragraph D.1 below, prior to installation. Under no circumstances shall an entity outside the awarded Contractor interface with or deliver equipment to the District.
13. All equipment and labor required must be provided by Contractor. Subcontracting of labor will not be allowed. Contractor will supply any and all necessary heavy equipment for transportation, installation and removal of equipment and systems. The cost associated for this heavy equipment shall be included within the cost reflected on the Financial Proposal Bid Form.
14. The District reserves the right to change and/or add any equipment, specifications, and setup dates upon reasonable notification to Contractor. However, strict adherence to the schedule for purposes of this RFP shall be implemented.
15. All quantities, schedule, and other requirements have been estimated as close to final figures and layout as possible, as currently known for 2016, but are subject to final requirements and final approval by District Management.
16. Equipment such as mobile emergency units shall be installed in such a way as to prevent the public from harm, including, but not limited to, implementing mitigation measures for sharp edges, guy wires, ground stakes, cables, low ceilings, and ensuring prevention of access to restricted areas.
17. The Equipment Lists and estimated personnel schedules have been included in Paragraphs F, G and H for the purposes of illustrating the size and scope of the typical annual OC Fair, Imaginology, and Year-Round Events. It in no way obligates the District to request or secure each or any item in the quantities listed. The District cannot guarantee a minimum and/or maximum amount of equipment/services used for any performance. The equipment list, personnel needs, and setup for the 2016 OC Fair, and subsequent annual fairs, Imaginology and Year-Round Events, shall be developed annually and may change from year to year. The actual final requirements will be contingent upon final schedule. Contractor shall charge the District for actual services rendered, including all labor/equipment utilized, as specified on the Financial Proposal Bid Form.
18. The final layout of equipment and systems will be identified in conjunction with District Management. It is Contractor’s responsibility to ensure accurate placement.
19. The District may require items not called out in this RFP. The District is to be billed at a rate no greater than the amount charged for similar items listed in the RFP for the applicable event. Such rates shall be determined and agreed upon by the District prior to services performed and/or delivery and installation of items.
20. Upon contract award, Contractor shall immediately begin an analysis and development of staffing plan and work schedule for the 2016 OC Fair, Imaginology and Year-Round Events, and shall submit to the District for approval, a finalized design, implementation, equipment and operations plan (including backup plan) no later than January 30, 2016 or as otherwise agreed upon by Contractor and the District. At this time, Contractor shall present all applicable permits, licenses, and certifications for equipment and personnel, as applicable, as required in Part V, Contract Terms and Conditions, Paragraph 7. The process shall be SA-046-16YR West Coast Emergency Medical Services PAGE 5 of 31 repeated for the 2017 calendar year and each calendar year thereafter with the schedule to be determined by the District. D. EQUIPMENT QUALITY AND REQUIREMENTS
1. All equipment and vehicles shall be clearly marked and/or tagged with Contractor’s company name and logo in order to differentiate between Contractor equipment and District equipment.
2. All equipment and materials used must meet industry standards for workmanship, construction, assembly, anchorage, and safety. All equipment supplied will meet the manufacturer specifications and will be assembled in the factory-recommended manner.
3. All medical equipment and supplies must meet typical industry standard brands and quality, which are proven to be acceptable to a wide variety of venues and applications.
4. All equipment must be clean, in excellent condition, convey a quality image, and deemed to be safe and in good repair. Equipment shall be free of rust, fading, scuffs, visible tap or tape residue, or other unsightly remnants. The District reserves the right to approve the condition and quality of all items and/or equipment supplied by Contractor. Any equipment deemed inappropriate or in poor condition by District Management must be replaced immediately and at no cost to the District. All items shall have been checked out and tested by Contractor before being utilized and/or installed at the venue.
5. Equipment must be weather protected and capable of operating over a wide range of temperatures.
6. Contractor shall provide adequate coverage for equipment and personnel to protect against all weather- related conditions pertaining to an open-air venue, including, but not limited to, protective gear, sunshade, sunglasses, etc.
7. Contractor shall inspect all equipment on a daily basis to test and verify proper operation and safety. Equipment checks and maintenance may be performed on Mondays and Tuesdays at Contractor’s discretion; however, any such time must be reserved in advance through District Management and the District shall not be charged for inspection. Contractor shall submit a “Daily Equipment Inspection Sheet” to the District each event day.
8. Contractor’s First Aid Station shall be mobile and operated by certified EMTs (as described in Part IV, Paragraph B of this RFP) only.
9. Rescue carts/mini-ambulances shall possess either propane or electric operation. Vehicles shall be equipped with emergency lights and siren for response to medical emergencies on District grounds. The vehicles are to be equipped with a full-size ambulance-style gurney, oxygen/resuscitators, trauma bags, first aid kits, splinting equipment, backboard, breakaway flat, stiff-neck collars (all sizes), head beds and patient lights.
10. Rescue carts/mini-ambulances shall be equipped to traverse various terrains and circumstances, including grass and dirt fields, narrow pathways and large crowds, and must be able to transport patients to a waiting ambulance for extrication to a hospital or to an onsite first aid station for treatment.
11. Automatic External Defibrillators (AEDs) shall have current licensure and shall be operated by licensed individuals only.
12. Any failure(s), including, but not limited to, instrument, system component, and/or outage must be immediately resolved. Contractor shall operate with strategic back-up plans in place and spare parts available to ensure fully functioning and complete equipment is maintained at all times. Uninterrupted system functionality is vital in the fulfillment of the services described herein. Failure on the part of the Contractor to successfully implement a strategic back-up plan and/or supply an adequate amount of spare systems/parts may result in Contract termination.
13. Power, as required, will be supplied by a reliable source, which may be a generator system supplied by the District or District-approved vendor.
SA-046-16YR West Coast Emergency Medical Services PAGE 6 of 31 14. Contractor understands this RFP does not contain exhaustive or complete information for the full functionality of systems and/or equipment. Specific equipment is called out in this RFP as required for the overall functionality; however Contractor is responsible for ensuring complete equipment packages.
15. Contractor shall provide emergency medical, first aid, first response and all other equipment, as specified in Paragraphs F, G and H.
16. All equipment must be secured in a safe manner to prevent tipping, lifting or falling due to wind, rain or other influences. Weights, anchors, ballasts, base plates, safety lines or other items used to secure equipment as well as provisions for water drainage must be included in the cost. Contractor shall be responsible for determining appropriate method to secure equipment and will be held liable for any issues resulting from unsafe installation. Guy wires and water barrels are not a permissible means of securing equipment. All equipment shall be provided and installed in accordance with government standards and guidelines for safety.
17. Photos provided by Contractor in response to this RFP shall be representative of all equipment used in the performance of these services for the duration of the contract term. Items not properly marked per Paragraph D.1 above will be rejected by the District and shall be immediately tagged or replaced by Contractor.
18. Contractor shall be in compliance with all applicable sections of the California Fire Code and California Code of Regulations.
19. Contractor shall perform all work to meet safety regulations as established by National Electric Code and other enforcement agencies.
20. Contractor shall immediately notify District Management of any hazardous conditions.
E. REPORTS AND COMMUNICATION
1. Contractor shall maintain a Daily Patient Log identifying the complaints and care provided to all persons receiving first aid assistance care and treatment of patients, including any incidents that require off-site evacuation via ambulance or where potential liability is suspected. The previous day’s Daily Patient Log shall be submitted to the District each morning. Patient log information shall include, at a minimum, the following:
a. Date of report and date of injury (if different); b. Name of injured party; c. Phone number and address of injured party and witnesses (if provided/available); d. Nature and extent of injury; and e. Name of treating EMT.
2. Emergency Medical Technicians shall respond to all safety-related accidents/incidents and generate in- depth Illness & Injury Reports as determined necessary by District Management. Illness & Injury Reports shall be made available to the District as soon as practicable, but not more than twenty-four (24) hours following the accident/incident.
3. Contractor shall maintain Daily Patient Logs, Illness & Injury Reports, and all other reports detailing their activities and findings complete with documentation of incidents and care, for the duration of the event. Post event, Contractor shall make these records available to the District within thirty (30) days upon request and for a period of three (3) years. This shall be submitted to the District in a binder with reports in date order, as well as on an electronic thumb drive.
4. Contractor shall submit a Daily Equipment Inspection Sheet to the District each event day, which shall include proper documentation to verify that all equipment has been inspected and tested on a daily basis to ensure proper operation and safety.
5. Reports shall conform to applicable governing body rules, regulations, codes and standards, and any other industry guidelines.
SA-046-16YR West Coast Emergency Medical Services PAGE 7 of 31 6. During a scheduled event, Contractor shall be responsible for daily communication with specified District personnel. Contractor shall immediately notify District personnel of any issue(s) that may impact safety. Updates shall be communicated to District personnel as necessary and without limit.
7. Should it be observed that there is a condition that in Contractor’s judgment creates an undue hazard to patrons, District Management shall be made immediately aware of the situation so that corrective action can be taken.
8. Contractor shall be available to support the District’s Communications Department regarding media coordination efforts pertaining to safety should it be deemed necessary by District Management. All media contact will be coordinated at the direction of District Management. Contractor shall not interface with the media, except as specifically instructed by the District’s Communications Department.
F. ANNUAL OC FAIR - EQUIPMENT LIST AND PERSONNEL REQUIREMENTS
1. Contractor shall provide EMT services prior to, following and for the duration of the annual OC Fair, which is currently a 23-day event over a 31-day period. The event currently averages 60,000 patrons per day, with varied crowds of children, families, teenagers and senior citizens. It is estimated that children under the age of 12 make up fifteen to twenty percent (15% - 20%) of the attendance.
2. The OC Fair is traditionally held during July/August, opening on a Friday and closing on a Sunday. The OC Fair is closed to the public on Mondays and Tuesdays. OC Fair dates are generally approved by the OC Fair’s Board of Directors in October for the subsequent year and may vary slightly in order not to conflict with nearby fair’s dates. In 2015, the OC Fair operated July 17 – August 16.
3. The OC Fair typically operates during the following days and times:
DAYS* HOURS OF OC FAIR* Fridays 12 Noon – 12 Midnight** Saturdays 10:00 a.m. – 12 Midnight** Sundays 10:00 a.m. – 12 Midnight Mondays Closed to Public Tuesdays Closed to Public Wednesdays 12 Noon – 12 Midnight Thursdays 12 Noon – 12 Midnight
* Subsequent years will be similar in schedule but will be determined on an annual basis. ** Midway may remain open until 1:00 a.m.
4. The following “promotional days” typically take place during the annual OC Fair, and may have special event hours for which Contractor shall be required to provide services: a. Kid’s Days (1 day every week*) b. Senior’s Days (1day every week*) c. Friends of the Fair Day (1 day only*) d. 5K Fun Run (1 day only*)
* Subsequent years will be similar and will be determined on a yearly basis.
5. Contractor shall provide an additional treatment point from 6:00 p.m. to 11:00 p.m. each night of performance at the Pacific Amphitheatre. The location for this treatment point is currently an outdoor space allocated to this purpose. Contractor is responsible for providing a medical trailer, tent structure, or other such enclosure to create an enclosed treatment location for Pacific Amphitheatre guests in need of medical services. The Pacific Amphitheatre is an open-air concert venue with a capacity of 8,300 seated patrons. The Pacific Amphitheatre currently operates every night of the OC Fair in addition to a pre-Fair performance (combined 24 nights) with varying attendance. Contractor may be requested to provide services during additional show(s) not mentioned here.
SA-046-16YR West Coast Emergency Medical Services PAGE 8 of 31 6. Contractor shall provide certified EMTs (as described in Part IV, Paragraph B of this RFP) for the below estimated schedule. Some modification of EMT staff hours may be made with consent of District Management. The First Aid Station is to be open according to the hours designated in this chart for 2016, or as determined necessary by the District. Subsequent years shall be based upon a similar schedule:
OC Fair Total Coverage Required Coverage Number of EMT Number Pre-OC Fair Hours Coverage Period Hours Per Day Staff Required of Days (Coverage Hours x Staff x # of Days) Wednesday 9:00 a.m. - 10:00 p.m. 13 2 1 26 Thursday 9:00 a.m. - 11:00 p.m. 14 2 1 28 OC Fair Friday & Saturday 8:00 a.m. - 2:00 a.m. 18 5 10 900 Sunday, Wednesday, Thursday 8:00 a.m. - 1:00 a.m. 17 5 13 1,105 Mondays CLOSED Tuesdays CLOSED Pacific Amphitheatre 6:00 p.m. - 11:00 p.m. 5 2 23 230 Post-OC Fair Monday 8:00 a.m. - 5:00 p.m. 9 2 1 18
TOTAL OC FAIR HOURS (Inclusive of all staff for the full run of event): 2,307
7. Staffing shall include, but not be limited to, a minimum of two (2) to five (5) certified EMTs (as described in Part IV, Paragraph B of this RFP) who shall be available at the First Aid Station and for deployment.
8. During the annual OC Fair, the District will provide a secure first aid facility/location accessible to OC Fair patrons and to allow for off-site access by emergency vehicles. The facility will be equipped with florescent lighting, 110-volt power, one (1) hot/cold flow bottled water unit, one (1) refrigerator, telephone service for calling ambulance(s) or other off-site assistance, one (1) OC Fair radio on a designated OC Fair channel/frequency, a daily supply of ice and a covered area equipped with power where rescue carts/mini- ambulances may be parked and recharged.
9. Contractor shall provide and operate the following supplies and equipment for the annual OC Fair, including, but not limited to:
a. First Aid Station
i. Contractor’s First Aid Station shall be located onsite at the OC Fair & Event Center during the annual OC Fair, including pre-Fair and post-Fair days. The Station shall be staffed by certified EMTs (as described in Part IV, Paragraph B of this RFP) only and according to the estimated schedule above.
ii. The First Aid Station for the OC Fair shall include all necessary supplies provided by the Contractor including, but not limited to, two (2) examination tables, blankets, pillows, a wheelchair, and two (2) "E" oxygen tanks with regulators, first aid supplies such as Band-Aids (various sizes and types), triangular bandages, gauze pads (sterile and non-sterile), roller gauze, tape, latex gloves, glucose gel, eye wash, eye wash cups, eye pads, telfa pads, combine dressing, hydrogen peroxide, pHisoderm, Caladryl, StingEze, cardboard splints (various sizes), cotton swabs, O2 masks, nasal cannula, and ice packs.
iii. During the annual OC Fair, the District will provide adequate space, as determined necessary by the District, onsite at the OC Fair & Event Center for the storage of Contractor’s First Aid Station.
b. Pacific Amphitheatre First Aid Station
i. Contractor’s Pacific Amphitheatre First Aid Station shall be located onsite at the OC Fair & Event Center during the annual OC Fair, including pre-Fair and post-Fair days. The Station shall be staffed by certified EMTs (as described in Part IV, Paragraph B of this RFP) only and according to the estimated schedule above. SA-046-16YR West Coast Emergency Medical Services PAGE 9 of 31
ii. The Pacific Amphitheatre First Aid Station for the OC Fair shall include all necessary supplies provided by the Contractor including, but not limited to, one (1) to two (2) examination tables, blankets, pillows, a wheelchair, and two (2) "E" oxygen tanks with regulators, first aid supplies such as Band-Aids (various sizes and types), triangular bandages, gauze pads (sterile and non- sterile), roller gauze, tape, latex gloves, glucose gel, eye wash, eye wash cups, eye pads, telfa pads, combine dressing, hydrogen peroxide, pHisoderm, Caladryl, StingEze, cardboard splints (various sizes), cotton swabs, O2 masks, nasal cannula, and ice packs.
iii. During the annual OC Fair, the District will provide adequate space, as determined necessary by the District, onsite at the OC Fair & Event Center for the storage of Contractor’s First Aid Station.
iv. Contractor is responsible for providing a medical trailer, tent structure, or other such enclosure to create an enclosed treatment location for Pacific Amphitheatre guests in need of medical services. Enclosure shall not exceed twenty-six (26) feet in length.
c. Rescue Carts/Mini-Ambulances
i. Contractor shall provide two (2) mini-ambulances for the duration of the annual OC Fair.
ii. If an ambulance is required at rodeos or other events, it will not be the Contractor’s obligation.
d. Automatic External Defibrillators
i. Contractor shall provide six (6) automatic external defibrillators (AEDs) which shall be operated by Contractor’s properly trained and licensed personnel.
e. Radios
i. Contractor shall install a two-way radio system to connect the First Aid Station to the mini- ambulances and/or medical teams that may be on grounds responding to emergencies.
10. Contractor shall provide the following personnel services, including, but not limited to:
a. Designated supervisory personnel shall be assigned to liaise with District Management; supervisor(s) or his/her designated appointee shall attend Fair Time staff meetings and shall be on premises during the hours the First Aid Station is open, or as required by the District.
b. General staffing involves certified EMTs (as described in Part IV, Paragraph B of this RFP) for the previously listed schedules. EMT staff is to remain on duty until the time shown or until released or extended by District Management. Assigned staff shall wear photo laminated identification cards provided by Contractor while on duty.
G. IMAGINOLOGY - EQUIPMENT LIST AND PERSONNEL REQUIREMENTS
1. Contractor shall provide EMT services for the duration of the annual Imaginology event. Imaginology is a three (3)-day event currently held in April, with youth (school-aged children) and family oriented participation. Estimated cumulative attendance for this three (3)-day event is 40,000.
2. Contractor shall provide general staffing of certified EMTs (as described in Part IV, Paragraph B of this RFP) for Imaginology according to the following estimated schedule:
SA-046-16YR West Coast Emergency Medical Services PAGE 10 of 31 Imaginology Number of Total Coverage Required Coverage Coverage Number Imaginology EMT Staff Hours Period Hours Per Day of Days (Coverage Hours x Required Staff x # of Days) Friday 9:00 a.m. - 3:00 p.m. 6 2 1 12 Saturday 9:00 a.m. - 5:00 p.m. 8 2 1 16 Sunday 9:00 a.m. - 4:30 p.m. 7.5 2 1 15 TOTAL IMAGINOLOGY HOURS (Inclusive of all staff for the full run of event): 43
3. Staffing shall include, but not be limited to, a minimum of two (2) certified EMTs (as described in Part IV, Paragraph B of this RFP) who shall be available at the First Aid Station and for deployment.
4. Contractor shall provide and operate the following supplies and equipment for the annual Imaginology event, including, but not limited to:
a. First Aid Station
i. First Aid Station shall be located onsite at the OC Fair & Event Center during the annual Imaginology event, including pre and post-event days, as required. The Station shall be staffed by certified EMTs (as described in Part IV, Paragraph B of this RFP) only.
ii. First Aid Station for Imaginology shall include one (1) examination table, pillow, blanket, wheelchair, an "E" oxygen tank with regulator and first aid supplies.
b. Rescue Carts/Mini-Ambulances
i. Contractor shall provide one (1) rescue cart/mini-ambulance for the duration of the event, including pre and post-event days.
ii. If an ambulance is required at rodeos or other events, it will not be the Contractor’s obligation.
c. Automatic External Defibrillators
i. Contractor shall provide a minimum of one (1) automatic external defibrillator (AED) with properly trained and licensed personnel.
d. Radios
i. Contractor shall provide a minimum of one (1) programmable two-way radio capable of interfacing with District frequencies.
H. YEAR-ROUND EVENTS – EQUIPMENT LIST AND PERSONNEL REQUIREMENTS
1. Contractor shall provide EMT services for the duration of a Year-Round Event which exceeds a cumulative attendance of 1,000 individuals per day and/or is a requirement of the event promotor or the District.
2. Contractor shall provide general staffing of certified EMTs (as described in Part IV, Paragraph B of this RFP) for Year-Round Events according to the following estimated schedule:
SA-046-16YR West Coast Emergency Medical Services PAGE 11 of 31 Year-Round Events Estimated Estimated Number of Average Number of Total Number Total Number Number of EMT Personnel per Hours per Day per of Hours per of Hours Month Days Day Personnel Day (All Staff) (Month) January 16 2 11 22 352.00 February 11 2 9 18 198.00 March 12 3 9 27 324.00 April 13 2 8 16 208.00 May 14 2 9 18 252.00 June 11 2 8 16 176.00 July See OC Fair - - - - August 6 2 8 16 96.00 September 12 2 10 20 240.00 October 10 2 8 16 160.00 November 11 2 10 20 220.00 December 24 2 12 24 576.00 TOTAL ESTIMATED YEAR-ROUND HOURS (Inclusive of all staff for all Year-Round Events): 2,802.00
3. Staffing shall include, but not be limited to, a minimum of two (2) to three (3) certified EMTs (as described in Part IV, Paragraph B of this RFP) who shall be available at the First Aid Station and for deployment.
4. Contractor shall provide and operate the following supplies and equipment for Year-Round events, including, but not limited to:
a. First Aid Station
i. First Aid Station shall be located onsite at the OC Fair & Event Center during a Year-Round Event, including pre and post-event days, as required. The Station shall be staffed by certified EMTs (as described in Part IV, Paragraph B of this RFP) only.
ii. First Aid Station for Year-Round events shall include one (1) examination table, pillow, blanket, wheelchair, an "E" oxygen tank with regulator and first aid supplies.
b. Rescue Carts/Mini-Ambulances
i. Contractor shall provide a minimum of one (1) rescue cart/mini-ambulance for the duration of the event, including pre and post-event days.
ii. If an ambulance is required at rodeos or other events, it will not be the Contractor’s obligation.
c. Automatic External Defibrillators
i. Contractor shall provide one (1) automatic external defibrillators (AEDs) with properly trained and licensed personnel.
d. Radios
i. Contractor shall provide a minimum of one (1) programmable two-way radio capable of interfacing with District frequencies.
I. GENERAL PERSONNEL SERVICES AND REQUIREMENTS
1. Contractor shall provide qualified, certified Emergency Medical Technicians (as described in Part IV, Paragraph B of this RFP) capable of providing the services described herein. Bidder shall include an “all inclusive” hourly fee for all personnel, equipment and supplies required to fulfill these services on the Financial Proposal Bid Form.
2. It is expected that personnel will conduct themselves in a thoroughly professional manner at all times.
SA-046-16YR West Coast Emergency Medical Services PAGE 12 of 31 3. Labor shall include all equipment, materials, delivery, installation, operation, maintenance, security, teardown and removal services necessary to support each performance each day of the scheduled event.
4. Assigned staff is to remain on duty until the time indicated on the work schedule and/or until released by District Management. Contractor shall only bill the District for actual hours worked.
5. For all events, Contractor shall attend pre-activity meetings as determined necessary by the District.
6. The District will not be responsible for overtime charges. Contractor shall deploy sufficient labor resources to fulfill all requirements. Contractor services performed outside of “regular” business hours or on Saturday(s) and Sunday(s) shall not result in additional charges of overtime to the District. There will be no exceptions.
7. The District will provide a list of personnel who are authorized to request services and/or provide instructions to Contractor. These authorized individuals shall be the only points of contact while Contractor and Contractor’s personnel are on District grounds. Contractor shall not accept instructions from or convey information to anyone not listed.
8. Contractor’s personnel are requested to be the same personnel throughout the run of the OC Fair, as practicable.
9. Contractor’s personnel shall be required to set up and teardown equipment and first aid treatment points as scheduled. Contractor’s labor plan must allow for enough labor to set/strike the treatment points as required.
10. Contractor shall provide experienced, qualified and responsible personnel to set up equipment, monitor and operate equipment, provide security for equipment and tear down equipment.
11. Contractor’s personnel shall adapt and be flexible to reasonable requests regarding equipment operations and use, as determined appropriate by the District.
SA-046-16YR West Coast Emergency Medical Services PAGE 13 of 31 EXHIBIT A – SCOPE OF WORK (CONT.)
CONTRACT TERMS AND CONDITIONS
These terms and conditions are in addition to those contained in the CCC-307 Certification, GTC 307 General Terms and Conditions, and Insurance Requirements, which will be made a part of the contract (Part IX - Forms).
1. Authorized Representative
Contractor must maintain one (1) or more representatives who are authorized to take immediate action and make requested adjustments and/or changes as required by District Management. This person must be identified to the District as the Contractor’s authorized representative.
2. Phone Numbers
Contractor shall provide the District with phone numbers for their authorized representative(s) and with a 24- hour “On Call” phone number for emergencies.
3. Vehicles, Equipment and Supplies All vehicles and equipment shall be provided by the Contractor. All vehicles and equipment will be clearly marked in a professional manner with Contractor’s company name and/or logo. All vehicles and equipment must be maintained and cleaned in a like new condition at all times. Equipment shall be in proper operating condition with all guards in place. No equipment shall be left unattended. The District will not be held responsible for lost or stolen vehicles or equipment. Contractor shall take all necessary safety precautions when using vehicles and equipment on District property and adhere to the District’s Equipment Safety Policy (See Part IX - Forms) at all times.
Contractor is to provide vehicles necessary to transport equipment. The District will provide limited parking for trailers, trucks, etc., upon request on an as-available basis.
The use of cars, trucks and vans is prohibited on the fairgrounds one (1) hour before opening, during OC Fair hours and one (1) hour after the close of the OC Fair. Additionally, there is no overnight parking in the main lots of the fairgrounds.
4. Vehicle Utility Carts
Contractor may provide utility carts for employees, if necessary, to complete Scope of Work. Carts are not permitted to park in front of buildings or in pathways blocking pedestrian access points. Drivers shall possess a valid driver’s license and be 18 years of age or older.
5. Security The security of the equipment is the responsibility of the Contractor.
As much as possible, all equipment is to be secured to prevent theft. The District will provide security personnel to monitor equipment from 10:00 p.m. to 8:00 a.m.
While the District provides specifically assigned security personnel time as an act of cooperation, the equipment is brought to the OC Fair & Event Center at the risk of the Contractor. The District does not take responsibility for loss of equipment by theft, damage, vandalism, or act of nature.
6. Weather Protection Weather protection is the responsibility of the Contractor.
SA-046-16YR West Coast Emergency Medical Services PAGE 14 of 31
7. Licenses, Permits and Certifications
Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s), permits(s) and certification(s) required by law or as part of this contract for accomplishing any work required in connection with this agreement. In the event any license(s), permit(s) or certification(s) expire at any time during the term of this contract, Contractor agrees to provide agency a copy of the renewed license(s), permit(s) or certification(s) within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s), permit(s), and certification(s), the District may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.
8. Site Access
District shall allow Contractor access to the District’s property as needed. If access is required during annual OC Fair hours, the District will provide necessary admission and parking credentials for the employees performing in service of the contract.
9. Insurance
Proof of insurance, meeting the requirements of the State (see attached Insurance Requirements) must be made available to the District within 15 days of contract award. Failure to do so could result in termination of said contract.
10. Work Permit Law If Contractor employs youth under the age of 18 years, he/she is required by law to see that each such employee holds a valid work permit. Contractor is further required to adhere to all applicable child labor laws.
11. Uniforms and Badges
Contractor’s employees shall be at all times neatly and cleanly uniformed and must meet reasonable prescribed grooming guidelines and appearance standards.
The District requires Contractor’s employees to have in their possession badges, identification cards, and/or credentials while Contractor’s employees are on the District’s premises. Contractor personnel will be issued an OC Fair & Event Center “Contractor” photo identification badge annually. Identification badges must be worn at all times while on the property, when entering and while working on the grounds. Badges shall have the name visible and worn on the upper right or left torso. Badges are specific to each person and are non- transferable. All badges must be returned from terminated employees. All badges of employees hired to support the OC Fair must be returned on Friday following the end of the OC Fair. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
12. Personnel
All Contractor employees are employees of the Contractor and not the District. No agent, servant, or employee of the Contractor will under any circumstances be deemed an agent, servant, or employee of the District.
The District reserves the sole absolute right to determine, at its discretion, that any person or agent used by Contractor in the performance of the contract shall be excluded from such performance on the grounds that his or her appearance or conduct is detrimental to the District’s operation. Determination of these matters by District Management shall be final.
13. Potential Subcontractors/Independent Contractors
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any subcontractors/independent contractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations contained herein. The Contractor agrees to be as fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. SA-046-16YR West Coast Emergency Medical Services PAGE 15 of 31 The Contractor’s obligation to pay its subcontractors/independent contractors is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any subcontractor/independent contractor.
14. Suppliers
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any suppliers.
The Contractor agrees to be as fully responsible to the District for the acts and omissions of its suppliers and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its suppliers is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any supplier.
15. Subcontracting
Subcontracting of efforts involving labor and/or installation services is not allowed. Contractor may utilize additional suppliers to meet the District’s equipment needs.
16. Fire Regulations All fire regulations as prescribed by the State Fire Marshal must be strictly observed.
17. Travel, Transportation and Accommodations:
Contractor is responsible for all necessary travel, fuel, transportation and housing accommodations.
18. Invoices
Invoices shall be submitted upon completion of services rendered to the District.
All invoices must contain Contractor’s invoice number, District-issued Purchase Order (PO) number, and an itemized list containing Contractor’s utilized labor and equipment required in the fulfillment of these services. Summary sheets (i.e. all staff hours submitted on one typewritten spreadsheet) should also be included.
In the event Contractor is requested and approved by the District to provide services in excess of the estimated hours, days or number or events contained herein, the District shall be billed at an hourly rate commensurate with similar work performed. The District shall only be charged for actual services rendered.
Contractor shall send invoices and any supporting documentation via email to [email protected] (the District’s preferred mechanism) or mail to OC Fair & Event Center, Attn: Accounts Payable, 88 Fair Drive, Costa Mesa, CA 92626.
Upon contract award and throughout the duration of the contract, Contractor shall work with the District to ensure invoicing needs are continually met. Invoices will not be paid until proper documentation accompanies invoice.
19. Payment
Payments to the Contractor will be made by the 32nd District Agricultural Association and paid in full within 30 days upon satisfactory completion of each event and receipt of proper invoice.
20. Pricing/Financial Proposal Bid Form
The Financial Proposal Bid Form will be used to develop the “not to exceed” amount of the contract. The estimated quantities provided are based upon historical experience and anticipated future needs, and may change depending upon actual needs/usage. Billing/invoicing will be determined by multiplying actual usage by the rate as entered on the Financial Proposal Bid Form.
The District may elect to add a contingency line item to accommodate specifications within the scope of the effort, if approved by the District, during the implementation of this contract. SA-046-16YR West Coast Emergency Medical Services PAGE 16 of 31
21. Megan’s Law Screening
All of Contractor’s employees, agents, servants, volunteers, independent contractors and/or employees, agents, servants, volunteers, independent contractors of Contractor’s subcontractors who will be performing job related duties on District premises must pass background checks under “Megan’s Law” as required by the District’s current Megan’s Law policy (and as that policy may be amended by the District from time to time), and any other reasonable background checks that may be required by the District as a result of policies adopted by the District’s Board of Directors. Contractor will certify in writing that they have conducted the required screening and will indemnify the District for any negligence arising out of or connected with their obligations pertaining to the required screening. Contractor shall not be held liable for the lack of or inaccuracies in reporting made available by the states. A full, true, and correct copy of the District’s current Megan’s Law policy is attached (see Part IX – Forms).
22. Right to Replace/Dismiss
Contractor’s onsite personnel are subject to approval of the District during the entire term of contracted services. The District has the right, in accordance with applicable law, to require replacement of Contractor’s onsite personnel or any member of Contractor’s onsite personnel.
If at any time the District determines that any employee, agent or officer of Contractor, or of Contractor’s permitted subcontractors, is in violation of District policies regarding harassment, discrimination or offensive behavior or Megan’s Law, or fails to meet the District’s safety and customer service standards, the District may notify Contractor verbally and/or in writing. Contractor will promptly correct the behavior, performance, or condition giving rise to the notification described herein to the satisfaction of the District. If Contractor fails to correct the behavior, performance, or condition giving rise to the notification described herein, the District may demand that Contractor (or Contractor’s subcontractor, as the case may be) cease using said employee at the District’s facilities and Contractor (or Contractor’s subcontractor, as the case may be) will promptly comply with such request. If the District requests replacement of onsite personnel or any of its members, Contractor must furnish a replacement immediately or as otherwise determined necessary by the District. Nothing contained in this paragraph shall obligate the District to monitor the behavior of Contractor’s employees or of Contractor’s subcontractor’s employees. The District retains the right to review the resumes of all Contractor personnel and confirm compliance to the requirements set forth in this RFP.
23. Gratuities
Contractor is prohibited from offering any gift or gratuity to employees and/or officers of the 32nd District Agricultural Association, as employees and officers are not permitted to accept them under any circumstances. Contractor and/or Contractor’s employees shall not solicit or accept any gifts. This includes cash, tickets, food, drinks, merchandise or any other items from District staff, promoters and/or vendors to perform the functions detailed in this agreement. Any violations of this policy may result in the dismissal of the employee and a performance violation notice issued to the Contractor.
24. Evaluation of Contractor Performance Contractor will be evaluated on their performance, including, but not limited to, Contractor’s record of conforming to contract requirements and to standards of good workmanship; Contractor’s record of forecasting and controlling costs; Contractor’s adherence to contract schedules, including the administrative aspects of performance; Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; Contractor’s record of integrity and business ethics, and generally, Contractor’s business-like concern for the interest of the District and its customers.
Contractor shall work with District staff to ensure contract compliance, whether by phone, email or in-person meetings, as determined necessary by the District. The District retains the right to notify Contractor of any performance issues at any time for the duration of the contract term. Notification will be provided in writing to Contractor, whereupon Contractor shall have five (5) days to respond to the District’s request for compliance. Unless mutually agreed upon otherwise, performance issues shall be corrected within fifteen (15) days of District’s notification to Contractor. Failure to supply equipment and/or personnel as required may result in a notice of default and/or an adjustment to the fees charged for equipment and/or labor.
SA-046-16YR West Coast Emergency Medical Services PAGE 17 of 31 Contractor may be disqualified from potential bidding opportunities if the District deems Contractor as unresponsive to repeated requests for corrective action.
25. Non-Exclusive Agreement
Contractor understands and agrees that this is a non-exclusive agreement. The District may hire other contractors for work of a similar or identical nature.
26. Third Party Disclosure
Contractor shall not, either during or after the term of this Contract, disclose to any third party any confidential information relating to the work of the District without the prior written consent of the District. If the District gives the Contractor written authorization to make any disclosures, Contractor shall do so only within the limits and to the extent of that authorization.
27. Termination The District reserves the right to terminate any contract at any time by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations and/or performances required in the terms of the contract.
-End Exhibit A- SA-046-16YR West Coast Emergency Medical Services PAGE 18 of 31 EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: Distribution
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper invoice.
Invoices shall be submitted upon completion of services rendered to the District and shall contain the following, as applicable to services rendered:
1. Contractor’s invoice number; 2. Invoice date; 3. District Purchase Order (PO) Number; 46101 4. Detailed work logs and hours by Service Type for the labor required to fulfill these services; 5. Name of personnel with listing of actual date(s) worked, including shift start and end times.
Invoices may be sent via email to [email protected] or mailed as follows:
OC Fair & Event Center Attn: Accounts Payable 88 Fair Drive Costa Mesa, CA 92626
-End Exhibit B-
SA-046-16YR West Coast Emergency Medical Services PAGE 19 of 31 EXHIBIT C – GENERAL TERMS AND CONDITIONS GTC 610
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and employees from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys fees, expert fees, and costs of suit), directly, or indirectly, arising from, or in any way related to the performance or nonperformance of this Agreement, regardless of responsibility of negligence; by reason of death, injury, property damage, or any claim arising from the alleged violation of any state or federal accessibility law, statute or regulation, (including but not limited to, the Americans With Disabilities Act, and/or any state, local, successor, or comparable provision of law) however caused or alleged to have been caused, and even though claimed to be due to the negligence of the State. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the 32nd District Agricultural Association, the OC Fair & Event Center, or the State with respect to the sole negligence or willful misconduct of the 32nd District Agricultural Association, the OC Fair & Event Center, the State, or their respective employees, or agents (excluding the Lessee herein, or any of its employees or agents.)
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
SA-046-16YR West Coast Emergency Medical Services PAGE 20 of 31 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
i. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
ii. "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
SA-046-16YR West Coast Emergency Medical Services PAGE 21 of 31 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been
SA-046-16YR West Coast Emergency Medical Services PAGE 22 of 31 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
SA-046-16YR West Coast Emergency Medical Services PAGE 23 of 31 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (IF APPLICABLE BASED OFF THE SCOPE OF WORK)
CCC-307 CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about: i. the dangers of drug abuse in the workplace; ii. the person's or organization's policy of maintaining a drug-free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will: i. receive a copy of the company's drug-free workplace policy statement; and, ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) \
SA-046-16YR West Coast Emergency Medical Services PAGE 24 of 31 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. SA-046-16YR West Coast Emergency Medical Services PAGE 25 of 31 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist SA-046-16YR West Coast Emergency Medical Services PAGE 26 of 31 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
SA-046-16YR West Coast Emergency Medical Services PAGE 27 of 31 EXHIBIT E – INSURANCE REQUIREMENTS
California Fair Services Authority
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:
A. Insurance Certificate: The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured: "That the State of California, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages: a. General Liability Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 0001. Limits shall be not less than $5,000,000 per occurrence for Fairtime Carnival Rides; $3,000,000 per occurrence for Motorized Events All Types except arena or track motorcycle racing and go-cart racing; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, Simulators, and Motorized Events of arena or track motorcycle racing and go-cart racing; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
b. Automobile Liability Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 0001, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
d. Medical Malpractice Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages. SA-046-16YR West Coast Emergency Medical Services PAGE 28 of 31 EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder: a. For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder:
32nd District Agricultural Association, OC Fair & Event Center, 88 Fair Drive, Costa Mesa, CA 92626
b. For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program: The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates: A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).
OR
D. Self-Insurance: The contractor/renter is self-insured and acceptable evidence of self-insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
A. Maintenance of Coverage: The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
SA-046-16YR West Coast Emergency Medical Services PAGE 29 of 31 EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
B. Primary Coverage: The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
C. Contractor’s Responsibility: Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.
D. Certified Copies of Policies: Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
For hazardous participant events, the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter. Hazardous participant events include but are not limited to any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority at (916) 921-2213 for further information.
-End Exhibit E-
SA-046-16YR West Coast Emergency Medical Services PAGE 30 of 31 EXHIBIT F – CONTRACTED FINANCIAL PROPOSAL BID FORM
All quantities provided on the Financial Proposal Bid Form are an approximation. Contractor will not be guaranteed any specific amount of work. If particular events or projects result in additional costs that exceed the Contract amount, the awarded Contract will be amended to reflect the additional work. Billing should reflect the actual work performed, at the rate indicated on this Financial Proposal Bid Form.
January 1, 2016 – December 31, 2016 ESTIMATED EVENT TYPE UNIT UNIT COST TOTAL COST QUANTITY OC Fair Hourly Rate 2,310 $ 14.50 $ 33,495.00 Imaginology Hourly Rate 45 $ 14.50 $ 652.50 Year-Round Events Hourly Rate 2,805 $ 14.50 $ 40,672.50 2016 TOTAL $ 43.50 $ 74,820.00
January 1, 2017 – December 31, 2017 ESTIMATED EVENT TYPE UNIT UNIT COST TOTAL COST QUANTITY OC Fair Hourly Rate 2,310 $ 15.00 $ 34,650.00 Imaginology Hourly Rate 45 $ 15.00 $ 675.00 Year-Round Events Hourly Rate 2,805 $ 15.00 $ 42,075.00 2017 TOTAL $ 45.00 $ 77,400.00
Option Year 1: January 1, 2018 – December 31, 2018 ESTIMATED EVENT TYPE UNIT UNIT COST TOTAL COST QUANTITY OC Fair Hourly Rate 2,310 $ 15.50 $ 35,805.00 Imaginology Hourly Rate 45 $ 15.50 $ 697.50 Year-Round Events Hourly Rate 3,086 $ 15.50 $ 47,825.25 2018 TOTAL $ 46.50 $ 84,327.75
Option Year 2: January 1, 2019 – December 31, 2019 ESTIMATED EVENT TYPE UNIT UNIT COST TOTAL COST QUANTITY OC Fair Hourly Rate 2,310 $ 16.00 $ 36,960.00 Imaginology Hourly Rate 45 $ 16.00 $ 720.00 Year-Round Events Hourly Rate 3,086 $ 16.00 $ 49,376.00 2019 TOTAL $ 48.00 $ 87,056.00
SA-046-16YR West Coast Emergency Medical Services PAGE 31 of 31
Option Year 3: January 1, 2020 – December 31, 2020 ESTIMATED EVENT TYPE UNIT UNIT COST TOTAL COST QUANTITY OC Fair Hourly Rate 2,310 $ 16.00 $ 36,960.00 Imaginology Hourly Rate 45 $ 16.00 $ 720.00 Year-Round Events Hourly Rate 3,395 $ 16.00 $ 54,313.60 2020 TOTAL $ 48.00 $ 91,993.60
TOTAL FIVE YEARS: January 1, 2016 – December 31, 2020 ESTIMATED EVENT TYPE UNIT TOTAL COST QUANTITY 2016 - 2020 OC Fair Hourly Rate 11,550 $ 177,870.00 2016 - 2020 Imaginology Hourly Rate 225 $ 3,465.00 2016 - 2020 Year-Round Events Hourly Rate 15,176 $ 234,262.35 FIVE YEAR CUMULATIVE TOTAL (ALL EVENT TYPES, ALL YEARS) $ 415,597.35 10% CONTINGENCY (ALL EVENT TYPES, ALL YEARS) (Contingency shall only be utilized in the event additions and/or changes to the above estimated hours are required and approved by the District.) $ 41,559.74 TOTAL BID $ 457,157.09
-End Exhibit F-
R______A______F______STATE OF CALIFORNIA STANDARD AGREEMENT
STD 213 (Rev 06/03) AGREEMENT NUMBER SA-047-16LL 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME 32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR'S NAME JOE A. GONSALVES & SON 2. The term of this 03/01/16 through 02/28/19 FED ID: Agreement is: with two (2) one-year options to renew at the sole discretion of the District
3. The maximum amount $180,000.00 of this Agreement is: Not to exceed $312,000.00 with inclusion of option years 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
Exhibit A – Scope of Work – To provide legislative representation services.
Exhibit B – Budget Detail and Payment Provisions (Attached hereto as part of this agreement) Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Check mark one item below as Exhibit D: Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit - D* Special Terms and Conditions Exhibit E – Insurance Requirements (Attached hereto as part of this agreement) Exhibit F – Contracted Financial Proposal Bid Form (Attached hereto as part of this agreement)
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
California Department of General Services CONTRACTOR Use Only CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.) JOE A. GONZALVES & SON BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS 925 L St., Suite 250, Sacramento, CA 95814 STATE OF CALIFORNIA AGENCY NAME 32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per: Kathy Kramer, CFE, CMP, Chief Executive
ADDRESS
88 Fair Drive, Costa Mesa, CA 92626 SA-047-16LL JOE A. GONSALVES & SON PAGE 2 of 18 EXHIBIT A – SCOPE OF WORK
A. PURPOSE AND BACKGROUND
The 32nd District Agricultural Association (“District”) is seeking a legislative representation firm to represent the District and the communicate the District’s interests to the appropriate elected representatives, key staff members, state agencies and other individuals as needed. The District is a California State agency and is governed by a nine-member Board of Directors appointed by the Governor of California.
B. MINIMUM QUALIFICATION REQUIREMENTS
1. Experience representing a governmental agency in California, preferably a District Agricultural Agency, as a lobbyist.
2. A minimum of five (5) years of representation experience in the State of California.
C. GENERAL REQUIREMENTS
1. Contractor shall propose on the Financial Proposal Bid Form (see Part IX - Forms) an all-inclusive, flat, monthly retainer fee for representation efforts. All costs shall include California sales and any other taxes or fees (explain in detail), if applicable.
2. Upon contract award, Contractor shall immediately begin providing legislative representation services.
3. Contractor shall provide a weekly activity report while the legislature is in session.
4. Contractor shall be responsible for providing an executive summary of representation efforts including updates on pending legislation, state budget, and other relevant issues on a monthly basis due the 15th of each month.
5. Contractor shall not accept instructions from or convey information to anyone other than the office of the CEO. All direction and instruction related to representation efforts shall come directly from the office of the CEO.
6. Contractor shall have the ability to accept, work toward and meet deadlines.
7. Contractor shall provide all support staff necessary to successfully fulfill legislative representation responsibilities.
D. LEGISLATIVE REPRESENTATION
1. Contractor shall represent the District in Sacramento in terms of communicating the District’s interests to the appropriate elected representatives, key staff members, state agencies, and other individuals as needed.
2. Contractor shall develop and maintain good working relationships between the District and State legislators, legislative staff, and state agencies.
3. Contractor shall develop, coordinate and execute the District’s advocacy efforts, including communication with legislative officials and other governmental officials for the purpose of influencing legislation or administrative action.
4. Contractor shall review all pertinent legislative bills introduced in the California Legislature and inform the Client of all such legislation affecting its interest and include a copy of all such bills in the bi-weekly activity report. The District will review and analyze all such legislative bills and inform the Contractor, in writing, of its position on such bills the District wishes to pursue.
5. Contractor shall assist in identifying and obtaining State funding available for District programs and proposed capital projects.
6. Contractor shall obtain support, through letters of support and other means, from state legislators and officials for the District’s grant applications. SA-047-16LL JOE A. GONSALVES & SON PAGE 3 of 18 STATEMENT OF WORK TO BE PERFORMED (CONT.)
7. Contractor shall arrange meetings with legislative representatives or key agency staff and the District’s representatives.
8. Contractor shall attend and provide testimony on behalf of the District in legislative committee hearings as directed by the District’s legal representation.
9. Contractor shall provide support , including advising on briefing papers, talking points, etc., when District officials are requested to testify before a legislative committee.
10. Contractor shall file Form 635 on a quarterly basis on behalf of the District with the Secretary of State.
11. Upon award of the Contract, Contractor shall visit the District to spend one (1) business day to meet with key staff and board members to understand the operations and interests of the District.
SA-047-16LL JOE A. GONSALVES & SON PAGE 4 of 18 EXHIBIT A – SCOPE OF WORK (CONT.)
CONTRACT TERMS AND CONDITIONS
These terms and conditions are in addition to those contained in the CCC-307 Certification, GTC 307 General Terms and Conditions, and Insurance Requirements, which will be made a part of the contract (Part IX - Forms).
1. Authorized Representative
Contractor must maintain one (1) or more representatives who are authorized to take immediate action and make requested adjustments and/or changes as required by District Management. This person must be identified to the District as the Contractor’s authorized representative.
2. Licenses, Permits and Certifications
Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s), permits(s) and certification(s) required by law or as part of this contract for accomplishing any work required in connection with this agreement. In the event any license(s), permit(s) or certification(s) expire at any time during the term of this contract, Contractor agrees to provide agency a copy of the renewed license(s), permit(s) or certification(s) within 30 days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s), permit(s), and certification(s), the District may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.
3. Insurance
Proof of insurance, meeting the requirements of the State (see attached Insurance Requirements) must be made available to the District within 15 days of contract award. Failure to do so could result in termination of said contract.
4. Personnel
All Contractor employees are employees of the Contractor and not the District. No agent, servant, or employee of the Contractor will under any circumstances be deemed an agent, servant, or employee of the District.
The District reserves the sole absolute right to determine, at its discretion, that any person or agent used by Contractor in the performance of the contract shall be excluded from such performance on the grounds that his or her appearance or conduct is detrimental to the District’s operation. Determination of these matters by District Management shall be final.
5. Potential Subcontractors/Independent Contractors
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any subcontractors/independent contractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations contained herein. The Contractor agrees to be as fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors/independent contractors is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any subcontractor/independent contractor.
6. Travel, Transportation and Accommodations:
Contractor is responsible for all necessary travel, fuel, transportation and housing accommodation.
7. Invoices
SA-047-16LL JOE A. GONSALVES & SON PAGE 5 of 18 Invoices shall be submitted upon completion of services rendered to the District.
All invoices must contain Contractor’s invoice number, District-issued Purchase Order (PO) number, detailed work logs and hours by Service Type for the labor required to fulfill these services.
Contractor shall send invoices and any supporting documentation via email to [email protected] (the District’s preferred mechanism) or mail to OC Fair & Event Center, Attn: Accounts Payable, 88 Fair Drive, Costa Mesa, CA 92626.
Upon contract award and throughout the duration of the contract, Contractor shall work with the District to ensure invoicing needs are continually met.
8. Payment
Payments to the Contractor will be made by the 32nd District Agricultural Association and paid in full within 30 days upon satisfactory completion of each event and receipt of proper invoice.
9. Right to Replace/Dismiss
Contractor’s onsite personnel are subject to approval of the District during the entire term of contracted services. The District has the right, in accordance with applicable law, to require replacement of Contractor’s onsite personnel or any member of Contractor’s onsite personnel.
If at any time the District determines that any employee, agent or officer of Contractor, or of Contractor’s permitted subcontractors, is in violation of District policies regarding harassment, discrimination or offensive behavior or Megan’s Law, or fails to meet the District’s safety and customer service standards, the District may notify Contractor verbally and/or in writing. Contractor will promptly correct the behavior, performance, or condition giving rise to the notification described herein to the satisfaction of the District. If Contractor fails to correct the behavior, performance, or condition giving rise to the notification described herein, the District may demand that Contractor (or Contractor’s subcontractor, as the case may be) cease using said employee at the District’s facilities and Contractor (or Contractor’s subcontractor, as the case may be) will promptly comply with such request. If the District requests replacement of onsite personnel or any of its members, Contractor must furnish a replacement immediately or as otherwise determined necessary by the District. Nothing contained in this paragraph shall obligate the District to monitor the behavior of Contractor’s employees or of Contractor’s subcontractor’s employees. The District retains the right to review the resumes of all Contractor personnel and confirm compliance to the requirements set forth in this RFP.
10. Gratuities
Contractor is prohibited from offering any gift or gratuity to employees and/or officers of the 32nd District Agricultural Association, as employees and officers are not permitted to accept them under any circumstances. Contractor and/or Contractor’s employees shall not solicit or accept any gifts. This includes cash, tickets, food, drinks, merchandise or any other items from District staff, promoters and/or vendors to perform the functions detailed in this agreement. Any violations of this policy may result in the dismissal of the employee and a performance violation notice issued to the Contractor.
11. Non-Exclusive Agreement
Contractor understands and agrees that this is a non-exclusive agreement. The District may hire other contractors for work of a similar or identical nature.
12. Termination The District reserves the right to terminate any contract at any time by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations and/or performances required in the terms of the contract.
-End Exhibit A- SA-047-16LL JOE A. GONSALVES & SON PAGE 6 of 18 EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: Distribution
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper invoice.
Invoices shall be submitted upon completion of services rendered to the District and shall contain the following, as applicable to services rendered:
1. Contractor’s invoice number; 2. Invoice date; 3. District Purchase Order (PO) Number; 46103 4. Detailed work logs and hours by Service Type for the labor required to fulfill these services; 5. Name of personnel with listing of actual date(s) worked, including shift start and end times.
Invoices may be sent via email to [email protected] or mailed as follows:
OC Fair & Event Center Attn: Accounts Payable 88 Fair Drive Costa Mesa, CA 92626
-End Exhibit B-
SA-047-16LL JOE A. GONSALVES & SON PAGE 7 of 18 EXHIBIT C – GENERAL TERMS AND CONDITIONS GTC 610
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and employees from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys fees, expert fees, and costs of suit), directly, or indirectly, arising from, or in any way related to the performance or nonperformance of this Agreement, regardless of responsibility of negligence; by reason of death, injury, property damage, or any claim arising from the alleged violation of any state or federal accessibility law, statute or regulation, (including but not limited to, the Americans With Disabilities Act, and/or any state, local, successor, or comparable provision of law) however caused or alleged to have been caused, and even though claimed to be due to the negligence of the State. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the 32nd District Agricultural Association, the OC Fair & Event Center, or the State with respect to the sole negligence or willful misconduct of the 32nd District Agricultural Association, the OC Fair & Event Center, the State, or their respective employees, or agents (excluding the Lessee herein, or any of its employees or agents.)
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
SA-047-16LL JOE A. GONSALVES & SON PAGE 8 of 18 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
i. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
ii. "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
SA-047-16LL JOE A. GONSALVES & SON PAGE 9 of 18 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been
SA-047-16LL JOE A. GONSALVES & SON PAGE 10 of 18 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
SA-047-16LL JOE A. GONSALVES & SON PAGE 11 of 18 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (IF APPLICABLE BASED OFF THE SCOPE OF WORK)
CCC-307 CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about: i. the dangers of drug abuse in the workplace; ii. the person's or organization's policy of maintaining a drug-free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will: i. receive a copy of the company's drug-free workplace policy statement; and, ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) \
SA-047-16LL JOE A. GONSALVES & SON PAGE 12 of 18 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. SA-047-16LL JOE A. GONSALVES & SON PAGE 13 of 18 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist SA-047-16LL JOE A. GONSALVES & SON PAGE 14 of 18 EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
SA-047-16LL JOE A. GONSALVES & SON PAGE 15 of 18 EXHIBIT E – INSURANCE REQUIREMENTS
California Fair Services Authority
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:
A. Insurance Certificate: The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured: "That the State of California, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages: a. General Liability Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 0001. Limits shall be not less than $5,000,000 per occurrence for Fairtime Carnival Rides; $3,000,000 per occurrence for Motorized Events All Types except arena or track motorcycle racing and go-cart racing; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, Simulators, and Motorized Events of arena or track motorcycle racing and go-cart racing; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
b. Automobile Liability Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 0001, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
d. Medical Malpractice Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages. SA-047-16LL JOE A. GONSALVES & SON PAGE 16 of 18 EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder: a. For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder:
32nd District Agricultural Association, OC Fair & Event Center, 88 Fair Drive, Costa Mesa, CA 92626
b. For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program: The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates: A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).
OR
D. Self-Insurance: The contractor/renter is self-insured and acceptable evidence of self-insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
A. Maintenance of Coverage: The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
SA-047-16LL JOE A. GONSALVES & SON PAGE 17 of 18 EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
B. Primary Coverage: The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
C. Contractor’s Responsibility: Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.
D. Certified Copies of Policies: Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
For hazardous participant events, the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter. Hazardous participant events include but are not limited to any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority at (916) 921-2213 for further information.
-End Exhibit E-
SA-047-16LL JOE A. GONSALVES & SON PAGE 18 of 18 EXHIBIT F – CONTRACTED FINANCIAL PROPOSAL BID FORM
All quantities provided on the Financial Proposal Bid Form are an approximation. Contractor will not be guaranteed any specific amount of work. If particular events or projects result in additional costs that exceed the Contract amount, the awarded Contract will be amended to reflect the additional work. Billing should reflect the actual work performed, at the rate indicated on this Financial Proposal Bid Form.
-End Exhibit F-
SA-270-15SP BOTTLING GROUP, LLC
STATE OF CALIFORNIA CONTRACT NUMBER AM. NO. FEDERAL TAXPAYER ID. SHORT FORM CONTRACT NUMBER (For agreements up to $9,999.99) SA-270-15SP STD. 210 (Revised 6/2003) Invoice must show contract number, itemized expenses, FOR STATE USE ONLY service dates, vendor name, address and phone number. SUBMIT INVOICE IN TRIPLICATE TO: STD. 204 N/A ON FILE ATTACHED CERTIFIED SMALL
nd BUSINESS 32 District Agricultural Association CCCs N/A ON FILE ATTACHED CERTIFICATE NUMBER OC Fair & Event Center DVBE % N/A GFE 88 Fair Drive Late reason Costa Mesa, CA 92626 Public Works Contractor’s License Exempt from bidding Sponsorship 1. The parties to this agreement are: STATE AGENCY’S NAME, hereafter called the District. CONTRACTOR’S NAME, hereafter called the Sponsor or Pepsi.
32ND DISTRICT AGRICULTURAL ASSOCIATION BOTTLING GROUP, LLC
2. The agreement term is from 01/01/16 through 12/31/17 w/ three (3) option years 3. The maximum amount payable is $100,000.00 CASH SPONSORSHIP w/ REBATES, MEDIA TRADE, AND PRODUCT DONATION pursuant to the following charges: Wages/Labor $ Parts/Supplies $ Taxes $ Other (Attach list if applicable.) 4. Payment Terms:
ONE TIME PAYMENT (Lump sum) MONTHLY QUARTERLY ITEMIZED INVOICE OTHER Payable to: “OC Fair & Event Center” 5. The Contractor agrees to furnish all labor, equipment and materials necessary to perform the services described herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference. ADDITIONAL PAGES ATTACHED
Exhibit A – Sponsorship Agreement Provisions Exhibit B – Sponsorship Agreement Terms and Conditions EXHIBITS (Items checked in this box are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.) GTC* 610 GIA* *If not attached, view at www.ols.dgs.ca.gov/Standard+Language. Other Exhibits (List) See Section 5 above.
In Witness Whereof, this agreement has been executed by the parties identified below: STATE OF CALIFORNIA CONTRACTOR AGENCY NAME CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.) 32ND DISTRICT AGRICULTURAL ASSOCIATION BOTTLING GROUP, LLC BY (Authorized Signature) DATE SIGNED BY (Authorized Signature) DATE SIGNED
@ PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Kathy Kramer, CFE, CMP, Chief Executive Robert Bustos, Key Account Manager ADDRESS ADDRESS 88 Fair Drive, Costa Mesa, CA 92626 27717 Aliso Creek Rd, Aliso Viejo, CA 92656 FUND TITLE ITEM FISCAL YEAR CHAPTER STATUTE OBJECT CODE
Sales 4375-87 SIGNATURE OF ACCOUNTING OFFICER DATE SIGNED I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.
SA-270-15SP BOTTLING GROUP, LLC
EXHIBIT A – SPONSORSHIP AGREEMENT PROVISIONS
SPONSOR AND DISTRICT AGREE:
This sets forth the agreement (“Agreement”) between32nd District Agricultural Association, with its principal place of business at 88 Fair Drive, Costa Mesa, CA 92626 (the “District”) and Bottling Group, LLC and its affiliate s and/or respective subsidiaries collectively comprising Pepsi Beverages Company, with an office located at 27717 Aliso Creek Road, Aliso Viejo, CA 92656 (“Pepsi”).
WHEREAS, Pepsi desires the right to be the exclusive supplier of Beverages (as defined below) to the District; and
WHEREAS, Pepsi has submitted a bid in response to an invitation to bidu iss ed by the District for the exclusive right to develop and carry out a prog ram for the sale of its beverage products in all facilities owned or operated by the District; and
WHEREAS, Pepsi is experienced in installing, operating, servicing and maintaining equipment for dispensing beverage products and the District has determined that it is in the best interests of the District to contract with Pepsi to provide services for the sale of beverage products; and
WHEREAS, Pepsi wishes to identify itself with the District andh to ave its products promoted and sold at the Facilities (as defined below) and further wishes to receive the other promotional benefits provided for by the District in this Agreement; and
NOW, THEREFORE, in consideration of the terms, covenants and conditions herein contained, and the other mutual promises set forth herein, the parties agree as follows:
AGREEMENT
1. DEFINITIONS.
“Approved Cups” means the disposable cups approved by Pepsi from time to time as its standard trademark cups and other containe rs approved by Pepsi from time to time and bearing the trademark(s) of Pepsi and/or other Products. In addition, Pepsi agrees that the District shall have the right to produce limited-run commemora tive plastic cups reasonably acceptable to Pepsi for use at the Facilities and that such cups shall also be considered to be Approved Cups, provided that Pepsi’s trademark(s) for Pepsi® shall be included on such commemorative cups.
“Beverage” or “Beverages ” means, except as set forth herein, all carbonated and non- carbonated non-alcoholic beverages, including but not limited to (i) colas and other flavored carbonated drinks; (ii) fruit juice, fruit juice containing and fruit flavored drinks; (iii) chilled coffee drinks; (iv) chilled tea products; (v) hypertonic, isotonic and hypotonic drinks (sports drinks and fluid replacements); (vi) energy drinks, (vii) liquid concentrate teas (“LCT”), (ix) frozen carbonated and non-carbonated beverages (“FB”).
2 SA-270-15SP BOTTLING GROUP, LLC
Notwithstanding the above, with regard to the scope of this Agreement, the definition of “Beverage” or “Beverages” does not include fresh lemonade, brewed coffee and tea, milk, water, aguas frescas, and any non-competing brands not offered in the Pepsi portfolio.
“Cases” shall mean the number of cases of Packaged Products purchased by the District from Pepsi, initially delivered in quantities of 24, 15, and 12 bottle/ can units, and thereafter in such other size, quantity and type of containers as determined by Pepsi, from time to time.
“Competitive Products” shall mean any and all Beverages other than the Products.
“District Marks” shall mean (i) the Designations (as de fined below) and (ii) the District’s characters, colors, emblems, designs, identifications, logos, mascots, name, service marks, symbols, trademarks, all trade names, uniforms and other proprietary designations which are owned, licensed to or controlled by the District and which relate to the Facilities and which are in existence on at the beginning of the Term or which will be created during the Term. For clarity purposes, District Marks shall include, without limitation, charac ters, colors, emblems, de signs, identifications, logos, mascots, name, service marks, symbols, trademarks, all trade names, uniforms and other proprietary designation s associated with or related to the District, at the beginning of the Term or which will be created during the Term, if any.
“Designatio ns” shall include, but not be limited to, the following: “A Proud Sponsor of the OC Fair,” “Official Soft Drink of the OC Fair” and “Official Sponsor of the OC Fair.”
“Equipment” means the following types of equipment owned and operated by Pepsi and used to sell or dispense the Products: (i) retail single-serve food service equipment and (ii) fountain service equipment.
“Events” shall mean the Fair and all other events that take place at the Facilities during the Term.
“Facilities” shall mean the entire premises of every facility owned, leased, occupied or operated by the District or its Food Service Provider, now or in the future, including the OC Fair and Event Center and all buildings, the grounds, dining facilities, snack bars, food carts, and concession stands, and, for each building, the grounds, dining facilities, unbranded and branded food service outlets and vending areas.
The District shall make best efforts to provide the same rights to Pepsi for parking lots at the foregoing Facilities.
“Fair” shall mean the Orange County Fair conducted at the OC Fair and Event Center and surrounding fairgrounds in July and August of each Year.
“Food Service Provider ” shall mean any and all food service providers and concessionaires (except as provided in Section 3(B)(2) herein, which may serve at the Facilities at any point during the Term. The District acknowledges and agrees that this Agreement, including the pricing, funding and other consideration provided for herein is based on the District’s current operating model/use of third party Food Service Providers. Thus, in the event that: (i) if the District is currently self-operated, the District switches to a Food Service Provider, or (ii) if the District currently uses a Food Service Provider to operate its concessions, such agreement between the District and the current Food Service Provider expires or is terminated, and the District enters intor a new a rangement with a Food Service 3 SA-270-15SP BOTTLING GROUP, LLC
Provider; then any such new or subsequent agreement between the District and any Food Service Provider (pursuant to either (i) or (ii) above) shall require such Food Service provider to abide by the applicable pricing and other terms set forth in this Agreement to the exclusion of all other benefits, and shall specifically require such Food Service Provider to affirm that it will not be entitled or seek to receive any funding or other benefits/consideration in connection with any agreement such Food Service Provider may separately have with Pepsi or Pepsi’s affiliates. In the event that the District fails to adhere to this requirement (or the Food Service Provider refuses to abide accordingly), then District hereby authorizes Pepsi, and Pepsi shall be entitled to adjust its pricing, funding or other consideration provided to the District by an amount equal to the incremental costs incurred by Pepsi as a result of the District’s change in Food Service Providers.
“Gallons” shall mean the number of gallons of the Postmix Products purchased by the District from Pepsi.
“Packaged Products” shall mean Beverages that are distributed in pre-packaged form (i.e., Bottles & Cans). A current list of Pepsi’s Packaged Products is found in attached Exhibit A which may be amended by Pepsi from time to time.
“Postmix Products” shall mean beverage products used to create and dispense fountain beverages. A current list of Pepsi’s Postmix Produc ts is found in attached Exhibit A which may be amended by Pepsi from time to time.
Products” shall mean Postmix Products and Packaged Products manufactured, bottled, sold and/or distributed by Pepsi.
Notwithstanding the above, with regard to the scope of this Agreement, the definition of Products shall not include fresh lemonade, brewed coffee and tea, milk, water, and aguas frescas.
“Year” shall mean each 12-month period during the Term commencing on the first day of the Term or an anniversary thereof.
2. TERM.
The term of this Agreement shall be for a Two (2) year period beginning on January 1, 2016 and expiring on December 31, 2017, unless sooner terminated as provided herein (“Term”). Upon expiration of the Term, the parties shall have the option to renew the Term for three (3) one (1) year option periods upon mutual written consent of the parties.
3. GRANT OF BEVERAGE AVAILABILITY AND MERCHANDISING RIGHTS.
During the Term, District hereby grants to Pepsi the following exclusive Beve rage availability and exclusive Beverage merchandising right as set forth and described below:
A. Beverage Availability at the Facilities.
(1) Grant of Rights.
(a) Pepsi shall have the exclusive right to make Beverages available for sale and distribution throughout the Facilities including at all Events conducted at the
4 SA-270-15SP BOTTLING GROUP, LLC
Facilities, including the right to provide all Beverages sold at all other special events conducted at or any location on the Facilities (“Special Events”). The Products shall be the only Beverages sold, dispensed or served at the Facilities, and the Products shall be sold at all food servic e concession locations located within the Facilities; and
(b) Pepsi shall have the exclusive right to install the Equipment throughout the Facilities. Pepsi shahll ave the further right to install additional Equipment in buildings and facilities acquired and/or constructed by the District after the date of this Agreement. Pepsi shall install the Equipment at its sole expense; provided, however, that the District will be responsible for all electrical hook-ups and charges related thereto. Pepsi shall have the right to place full trademark panels on all sides of its Equipment. Pepsi, or one of its affiliates, shall retain title to all Equipment.
(2) Purchasing of Postmix Products.
The Postmix Products shall be purchased by District or the Food Service Provider from Pepsi at the prices established by Pepsi from time to time. Current pricing for Postmix Products is as set forth in Exhibit A attached hereto.
(3) Purchasing of Packaged Products.
The Packaged Products shall be purchased by District or the Food Service Provider from Pepsi at prices established by Pepsi from time to time. Cur rent pricing for Packaged Products is as set forth in Exhibit A attached hereto.
(4) Food Service.
During the Term, Pepsi shall work directly with the District and the Food Service Provider for the Facilities, to provide all of its requirements for the Products. District shall cause its Food Service Provider to purchase the Product from Pepsi at prices as determined by Pepsi. The District shall cause its Food Service Provider to purchase Products from Pepsi in sufficient quantities to ensure the regular and continuous distribution of the Products at the Facilities. Pepsi shall work directly with District and its Food Service Provider to promote sales of the Products through appropriate point-of- sale and other advertising materials bearing the trade marks of the Products at Pepsi’s expense.
B. Product Merchandising Rights.
During the Term and subject to the terms and conditions contained in this Agreement, District grants Pepsi the exclusive right to merchandise Beverages at the Facilities as set forth and described below:
(1) Menu Board Advertising.
District agrees that Pepsi’s trademarks for produc ts shall be listed on the menu boards at concession locations in which Products are served to Districts at the Facilities. All brand identification containing Pepsi trademarks and/or service marks for menu
5 SA-270-15SP BOTTLING GROUP, LLC
boards set forth here in will be prepared and installed by District at District’s sole cost and expense.
(2) Approved Cups; Product Hawking and Catering.
District agrees that all Products served, sold or dispensed at concession locations in which Products are se rved to Districts at the Facilities shall be served in Approved Cups and all other Beverages served, sold or dispensed within the Facilities shall be served in either Approved Cups or other disposable cups which do not bear, display or contain the trademarks or service marks of a manufacturer of Competitive Products. Pepsi agrees to make Approved Cups available for purchase and the District shall purchase, and shall require that all concessionaires, Food Service Providers, booster clubs and other third parties selling Beverages at the Facilities purchase all Products, cups, lids and carbon dioxide directly from Pepsi at prices determined by Pepsi.
Notwithstanding the above, District shall not be required to order non-profit concessionaires during the annual Imaginology event to purchase Beverages or Approved Cups from Pepsi; provided however that such concessionaires shall be required to purchase and sell only non-competing brands. For Events where District’s contracted master Food Service Provider is not involved in the acquisition or distribution of Beverages, the District agrees to make a good faith effort to ensure Pepsi Products and Approved cups are purchased directly from Pepsi or through the account that Pepsi has set up with the District’s master Food Service Provider in connection with Products sold by concessionaires at the Facilities.
4. GRANT OF ADVERTISING AND PROMOTIONAL RIGHTS.
During the Term, District hereb y grants to Pepsi the right to advertise and promote Products in and with respect to the District and the District Marks upon the terms and conditions contained in this Agreement and as set forth and described below.
A. Advertising
(1) Facilities and Print Advertising.
Pepsi shall have the right to Facilities and print advertising as mutually agreed between the parties and as further outlined in Exhibit B.
(2) Design and Installation o f District Advertising.
Pepsi agrees, at its own cost, to provide District with the general design of all District Advertising. The District Advertising shall be constructed and installed by Pepsi (or an agent thereof) at Pepsi’s sole cost and expense. All District Advertising shall be in conformity with the general scheme and plan of the District and the surrounding areas.
(3) Advertising/Signage Ch anges/Removal.
District recognizes Pepsi’s right to change, modify, alter or remove its advertising for, or identification of, any of the Products or to discontinue the manufacture of any of the
6 SA-270-15SP BOTTLING GROUP, LLC
Products. Pepsi shall reimburse District for all reasonable costs and expenses incurred by District in changin g, modifying, altering or removing any Facilities Advertising, menu boards and other Pepsi identification or references to any of the Products necessitated by Pepsi’s changes to or removal of the advertising, trademarks or trade names, designations or identification thereof. Pepsi shall have the right to modify, change, alter or remove the promotional messages appearing thereon and all such modifications, changes, alterations and/or removals shall be at Pepsi’s sole cost and expense. District shall use reasonable efforts to minimize the cost to Pepsi for changing, modifying, altering and/or removing Pepsi’s advertising.
(4) Maintenance of Signage.
District shall maintain all Facility Advertising and other signs and advertising for Products in good order. District shall effect any necessary repairs reasonably determined by District at District’s sole cost and expense. Where practical, District shall consult with Pepsi prior to incurring any material signage or other related maintenance expenses.
B. Promotional Rights.
(1) General Sponsorship Designation.
District hereby agrees that Pepsi shall have the right to promote the fact thata Pepsi is n official sponsor of the District and the annual OC Fair, and that the Products are available at the Facilities, including the right of Pepsi to refer to itself using the Designations. Such promotion may be conducted through the distribution channels of television, radio and print media, on the packaging of (including cups and vessels) and at the point-of-sale of any and all Products wherever they may be sold or served.
(2) Grant of License to Use the District Marks for Promotional Activities.
District hereby grants to Pepsi a nonexclusive license to use the name of the Facilities and the District Marks for the limited purposes of promoting Products within the context of promotional activities. District acknowledges that, in order to make full use of the rights granted in this Agreement, Pepsi may conduct the promotional activities through its primary distribution channels in which Pepsi sells Products to the ultimate consumer, such as at the retail level, within dr ug stores and other retail outlets, by and through mass merchandise campaigns and together with Pepsi’s food service accounts and Districts.
Notwithstanding the above, any use of District Marks shall require prior approval from District, and such approval shall not be unreasonably withheld.
C. Representations, Warranties and Covenants regarding the Ownership and Protection of the District Marks and Related Proprietary Rights.
District represents and warrants that it is the sole and exclusive owner of all right, title and interests in and to the District Marks (including without limitation, all goodwill associated therewith) and Pepsi’s use of the District Marks pursuant to this Agreement will not infringe
7 SA-270-15SP BOTTLING GROUP, LLC
the rights of any third parties. Pepsi acknowledges that nothing contained in this Agreement shall provide Pepsi with any right, title or interest to the District Marks other than the right to use such District Marks granted under this Agreement. Pepsi (on behalf of itself and its affiliates) agrees that it shall not attack the title or any rights of District and its affiliates and cooperate with District and its affiliates to procure any protection or to protect any of the rights of District and its affiliates in and to the District Marks. Pepsi shall cause to appear on all materials incorporating the District Marks such legends, markings and notices as District or its affiliates may request in order to give appropriate notice of any trademarks, service mark, trade name, copyright or other right with respect to the District Marks. Pepsi shall not make any alterations or changes to the design or type of the District Marks without the prior written consent of District.
D. Rep resentations, Warranties and Covenants regarding the Ownership and Protection of Proprietary Rights of Pepsi.
Pepsi represents and warrants that Pepsi is authorized to use certain names, logos, service marks and trademarks of PepsiCo, Inc. (including without limitation, all goodwill associated therewith) (the “Pepsi Marks”) under a license from PepsiCo, Inc. District acknowledges that nothing contained in this Agreement shall provide District with any right, title or interest to the names, logos, service marks andd tra emarks of PepsiCo, Inc. without the prior written approval of PepsiCo, Inc. District (on beha lf of itself and its affiliates) agrees that it shall not attack the title or any rights of PepsiCo, Inc., Pepsi and its affiliates and cooperate with PepsiCo, Inc., Pepsi and its affiliates to procure any protection or to protect any of the rights of PepsiCo, Inc., Pepsi and its affiliates in and to the Pepsi Marks. District shall cause to appear on all materials incorporating the Pepsi Marks such legends, markings and notices as Pepsi or its affiliates may request in order to give appropriate notice of any trademarks, service mark, trade name, copyright or other right with respect to the Pepsi Marks. District shall not make any alterations or changes to the design or type of the Pepsi Marks without the prior written consent of PepsiCo, Inc.
5. GRANT OF OTHER RIGHTS.
A. Sampling.
District agrees to permit to conduct, at Pepsi’s sole cost and expense including applicable site fees, limited sampling of Pepsi products at the Facilities in a form and manner as specifically authorized and approved by District and in accordance with rules and procedures established by District, in its sole discretion, as may be amended or supplemented from time to time by District.
B. Additional Rights.
District agrees to provide Pepsi with the additional rights set forth on Exhibit B.
6. EXCLUSIVITY.
A. During the Term, District, its agents, representatives, and staff (i) shall not themselves nor shall they permit a third party to, sell, serve, promote, market, advertise or sponsor Competitive Products at the Facilities or in connection with the District and its staff and (ii)
8 SA-270-15SP BOTTLING GROUP, LLC
shall ensure that the Products are the only Beverages sold, served, promoted, kmar eted, advertised, merchandised, sponsored or endorsed at the Facilities and in connection with the OC Fair.
B. District recognizes that Pepsi hasv paid aluable consideration to ensure an exclusive associational relationship with the Facilities, the Fair, the District, and/or District Marks with respect to Beverages and that any dilution or diminution of such exclusivity seriously impairs Pepsi’s valuable rights. Accordingly, the District will promptly oppose Ambush Marketing (as defined below) and take all reasonable steps to stop Ambush Marketing and to protect the exclusive associational rights granted to Pepsi pursuant to this Agreement. In the event any such Ambush Marketing occurs during the Term, each party will notify the other party of such activity immediately upon learning thereof. As used herein, “Ambush Marketing” shall mean an attempt by any third party, without Pepsi’s consen t, to associate Competitive Products with the Facilities, District and/or District Marks, or to suggest that Competitive Products are endorsed by or associated with the Facilities, District and/or District Marks by referring directly to the Facilities, District and/or District Marks.
Notwithstanding anything in this Agreement to the contrary, Pepsi and the District agree that the District does not own the billboard on the East side of the property and that the exclusivity indicated in this section A.6 of the Agreement shall not be applicable to the billboard.
7. CONSIDERATION.
In consideration for the advertising, merchandising, promotional rights, and the other related rights and benefits provided to Pepsi by District as described herein, and provided District is not in breach of this Agreement, Pe psi agrees to pay to District:
A. Annual Sponsorship Fees.
An Annual Sponsorship Fee (the “Annual Sponsorship Fee”), payable annually pursuant to the following:
Year Applicable Time Period Amount Due Date: within 60 days after: The execution of this 1 January 1, 2016 – December 31, 2016 $50,000 Agreement by both parties. 2 January 1, 2017 – December 31, 2017 $50,000 January 1, 2017 3 January 1, 2018 – December 31, 2018 $52,500 January 1, 2018 4* January 1, 2019 – December 31, 2019 $55,125 January 1, 2019 5*8 January 1, 2020 – December 31, 2020 $57,881 January 1, 2020 8 * District acknowledges and agrees that the Annual Sponsorship Fees set forth above with regard 8 to Years 3, 4 and 5, are only payable to District if Pepsi and District agree, by mutual written 8 consent, to extend the Term for the three (3) one (1)-year options set forth in Section 2 of this 8 Agreement. The Annual Sponsorship Fee is earned throughout the Year in which they are paid. * * In the event Pepsi terminates this Agreement due to the District’s failure to cure a breach hereof, the unearned Annual Sponsorship Fees will be repa id to Pepsi pursuant to the terms of Section 10.D (Sponsorship Fees in the Event of Termination) herein.
B. Rebates. 9 SA-270-15SP BOTTLING GROUP, LLC
Each Year throughout the Term, Pepsi shall calculate the total applicable Cases of Packaged Products and applicable Gallons of Postmix Products purchased from Pepsi by the District and its Food Service Provider pursuant to this Agreement, and shall provide the District with rebates calculated based on applicable amounts set forth below (the “Rebates”). The Rebates, if applicable, shall be pabid y Pepsi within sixty (60) days of the end of each applicable Year during the Term.
Rebate Amount Applicable Products $3.00/Gallon All Postmix Products $3.00/Case 20oz Carbonated Soft Drinks/Non-Carbonated Soft Drinks 24-pk Packaged Products (Excludes Water) $3.00/Case 20oz Gatorade 24-pk Packaged Products
8. ADDITIONAL CONSIDERATION.
In addition to the consideration specified above, and provided District is not in breach of this Agreement, Pepsi shall provide the following further consideration to the District:
A. In Each Agreement Year of 2016 and 2017 (and 2018 if Term is renewed by parties as set forth in Section 2 herein), Pepsi will offer District media opportunities to promote the OC Fair and the OC Fair & Event Center, valued at upF to ifty Thousand Dollars ($50,000) each Agreement Year of 2016 and 2017 (and 2018 of Term is renewed by parties as set forth in Section 2 herein) (“Annual Media Suppor t”). Timing of such media opportunities are subject to availability. Pepsi and District will meet periodically to discuss upcoming Media schedule. Any Annual Media Support not utild ize in any Agreement Year may not be carried over to a subsequent Yea r and is not redeemable for cash value.
B. Pepsi will provide annual Product Donations on 12oz CSD cans of up to a total of one hundred (100) cases per Year across the Facilities upon request of the District; provided, however, that the District will administer all requests through a central contact so that the District may prioritize the reque. sts District acknowledges and agrees that donated Product requests not used/made in any Year shall not be carried over to the subsequent Year.
C. Pepsi will provide separa te invoicing to each concessionaire, and provide the District with monthly velocity reports as needed.
D. Pepsi will provide private label artwork on cans or panels (provided by Distric t) to promote the Annual Fair throughout the term.
9. EQUIPMENT AND SERVICE.
A. Beverage Dispensing and Other Equipment.
(1) Pepsi shall, based upon Pepsi’s survey of the Facilities’ needs, provide and install all Equipment at the Facilities for the dispensing of Product during the Term. Title to all Equipment shall be with Pepsi or its affiliates.
10 SA-270-15SP BOTTLING GROUP, LLC
(2) During the Term Pepsi will provide, at no charge to the District, preventative maintenance and service to the Equipment. Pepsi will service andn stock, if ecessary, (i) the Equipment and (ii) any additional Equipment de termined by the parties to be installed at new locations on the Facilities.
(3) The Equipment may not be removed from the Facilities without Pepsi’s written consent, and the District agrees not to encumber the Equipment in any manner or permit other equipment to h be attac ed thereto except as authorized by Pepsi. At the end of the Term, Pepsi shall have the right to, and shall upon request of the District, remove all Equipment from the Facilities at no expense to the District.
(4) Pepsi will employ Pepsi employees to process and deliver products to every vendor located inside the OC Fair & Event Center.
B. Service to Equipment.
Other than routine maintenance, which shall be the responsibility of and completed by Food Service Provider or its designee, Pepsi or its designated agents shall be responsible for maintaining, repairing and replacing the Equipment. Pep si shall provide District with a telephone number to request emergency repairs and receive technical assistance related to the Equipment. Pepsi shall respond to each District request and use reasonable efforts to remedy the related Equipment problem as soon as possible.
10. REMEDIES FOR LOSS OF RIGHTS - TERMINATION.
A. District’s Termination Rights.
Without prejudice to any other remedy available to District at law or in equity in respect of any event described below, this Agreement may be terminated by District at any time effective thirty (30) days following written notice to Pepsi from District if:
(1) Pepsi fails to make any payment due hereunde r, and such default shall continue for thirty (30) days after written notice of such default is received by Pepsi; or
(2) Pepsi breaches or fails to perform any other material term, covenant or condition of this Agreement or any representation or warranty shall prove to have been false or misleading in any material respect and Pepsi fails to cure such breach within thirty (30) days after written notice of default is delivered to Pepsi. Pepsi agrees that with regard to the period of time each Year when the Fair is taking place, that Pepsi will respond to all written requests regarding performance issues within three (3) days of request.(notification list will be supplied and updated by PepsiCo and have multiple contacts for both service and supply to ensure ability to respond).
B. Pepsi’s Termination Rights.
Without prejudice to any other remedy available to Pepsi at law or in equity in respect of any event described below, this Agreement may be terminated in whole or in part by Pepsi at any time, effective thirty (30) days following written notice to the District if (i) any of the Products are not made available as required in this Agreement by the District, their agents or
11 SA-270-15SP BOTTLING GROUP, LLC
concessionaires; (ii) any of the rights granted to Pepsi here in are materially restricted or limited during the Term of this Agreement; (iii) a final judicial opinion or governmental regulation prohibits, or mate rially impacts or impairs (e.g., beverage tax or size restriction) the availability or cost of Beverage s, whether or not due to a cause beyond the reasonable control of the District; or (iv) District bre aches any or fails to perform any other material term, covenant or condition of this Agreement or any representation or warranty shall prove to have been false or misleading in any material respect. In connection with the foregoing, Pepsi shall give District notice of the event and where applicable (for events within District’s control), shall provide District forty-five (45) days to cure such breach. If the identified breach/event is not remedied with the applicable notice period, then Pepsi may termina te this Agreement and recover from the District a reimbursement in accordance with Section D below (Sponsorship Fees in the Event of Termination).
C. Additional Termination Rights Available to Pepsi and District.
Without prejudice to any other right or remedy available to either party at law or in equity of any event described below, this Agreement may be terminated by either party if the other party, or any parent of such other party, shall: (i) have an order for relief entered with respect to it, commence a voluntary case or have an involuntary case filed against it under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect (and such order or case is not stayed, withdrawn or settled within sixty (60) days thereafter) it is the intent of the parties hereto that the provisions of Section 365(e)(2)(A) of Title 11 of the United States Code, as amended, or any successor statute thereto, be applicable to this Agreement; or (ii) file for reorganization, become insolvent or have a receiver or other officer having similar powers over it appointed for its affair in any court of competent jurisdiction, whether or not with its consent (unless dismissed, bonded or discharged within 60 days thereafter); or (iii) admit in writing its inability to pay its debts as such debts become due.
D. Sponsorship Fees in the Ev ent of Termination.
If Pepsi terminates this Agreement pursuant to Section 10, then Pepsi shall be entitled to from District, without pre judice to any other right or remedy available to Pepsi, and District shall pay to Pepsi all funding pabid y Pepsi to the District which remains unearned as of the time of termination. With regard to the Annual Sponsorship Fee, the amount of such reimbursement shall be determined by multiplying Annual Sponsorship Fee by a fraction, the numerator of which is the number of months remaining in the Year in which the Agreement is terminated at the time such termination occur s and the denominator of which is twelve (12). If District terminates this Agreement pursuant to Section 10, then the District shall be entitled to all funding paid by Pepsi to the District as of the time of termination.
11. TAXES.
District acknowledges and agrees that neither Pepsi nor its affiliates shall be responsible for any taxes payable, fees or other tax liability incurred by the District in connection with any fees payable by Pepsi under this Agreement. In addition, Pepsi shall be responsible only for the payment of taxes on the sales of Products through Vending Machines. Pepsi shall not be assessed common area maintenance fees, taxes or other charges based on its occupation of the space allocated to its Equipment.
12 SA-270-15SP BOTTLING GROUP, LLC
12. CONFIDENTIALITY.
Pepsi is aware and understands that all information provided in any medium pursuant to this Agreement is subject to public records request in accordance with the California Public Records Act.
13. REPRESENTATIONS, WARRANTIES AND COVENANTS.
A. Each party represents and warrants to the other: (1) it has full power and authority to enter into this Agreement and to grant and convey to the other the rights set forth herein; and (2) all ne cessary approvals for the execution, delivery and performance of this Agreement have been obtained and this Agreement has bxeen duly e ecuted and delivered by the parties and constitutes the legal, valid and binding obligation, enforceable in accordance with its terms, and nothing contained in this Agreement violates, interferes with or infringes upon the rights of any third party; (3) the respective signatory of this Agreement is duly authorized and empowered to bind the party to the terms and conditions of this Agreement for the duration of the Term; and (4) the parties have complied with all applicable laws, ordinances, codes, rules and regulations relating to its entering into this Agreement and its performance hereunder.
B. Each of the parties hereto agree that: (1) the representations, warranties and covenants contained her ein shall survive the execution and delivery of this Agreement, and (2) except as expressly set forth herein, neither party has made, and neither party is relying on, any representation or warranty, express or implied, with respect to the subject matter hereof.
14. INDEMNIFICATION.
A. Pepsi will indemnify and hold the District harmless from any and all suits, actions, claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties (including reasonable attorneys’ fees) arising out of: (i) its breach of any term or condition of this Agreement; (ii) product liability suits resulting from the use or consumption of Products purchased directly from Pepsi; and/or (iii) the negligence or willful misconduct of Pepsi, (excluding claims arising out of the District’s negligence or willful misconduct).
B. To the extent permitted by applicable law, the District will indemnify and hold Pepsi, its subsidiaries, affiliates or assigns harmless from and against any and all suits, actions, claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties (including reasonabl e attorneys’ fees) arising out of (i) its breach of any term or condition of this Agreement; and/or (ii) the negligence or willful misconduct of the District (excluding claims arising out of Pepsi’s negligence or willful misconduct).
C. The provisions of this Section shall survive the termination of this Agreement.
15. INSURANCE.
A. Each party hereto maintains and agrees to maintain, at all times during the Term and for a period of three (3) years thereafter, a comprehensive program of risk retention and insurance with such insurance carriers and in such amounts of insuranc e coverage reasonably acceptable to the other party. Each party agrees to name the other and each of its affiliates, and their respective officers, directors, employees, agents, rep resentatives and successors and 13 SA-270-15SP BOTTLING GROUP, LLC
assigns on a certificate of insurance, as additional insureds with respect to the certificate holder’s negligence.
B. Either party shall have the right, during the Term from time to time, to request copies of such certificates of insurance and/or other evidence of the adequacy of the above insurance coverages.
16. NOTICES.
Unless otherwise specified herein, all notices, reque sts, demands, consents, and other communications hereunder shall be transmitted in writing and shall be deemedh to ave been duly given when hand delivered, upon delivery when sent by express mail, courier, overnight mail or other recognized overnight or next day deliver y service, or three (3) days following the date mailed when sent by registered or certified United States mail, postage prepaid, return receipt requested, or when deposited with a public telegraph company for immediate transmittal, charges pre paid, or by telecopier, with a confirmation copy sent by recognized overnight courier, next day delivery, addressed as follows:
If to Pepsi:
Pepsi Beverages Company 27717 Aliso Creek Road Aliso Viejo, CA 92656 Attn: Robert Bustos
With a copy to (which shall not constitute notice):
Pepsi Beverages Company One Pepsi Way Somers, NY 10589 Attn: Legal Department
If to District:
32nd District Agricultural Association OC Fair & Event Center 88 Fair Drive Costa Mesa, CA 92626
Notwithstanding the above, with regard to the period of time each Year when the Fair is taking place, Pepsi and District agree that notices shall be deemed duly given 3 days after the sending through electronic mail if the electronic mail is properly addressed (notification list will be supplied and updated by PepsiCo and have multiple contacts for both service and supply to ensure ability to respond) Notices provided by District shall only be deemed valid if issued by the Contracting Department, Vice President of Business Development, Director of Events, Commercial & Concessions Supervisor, or District’s Contracted Sponsorship Agency.
17. ASSIGNMENT. 14 SA-270-15SP BOTTLING GROUP, LLC
This Agreement or any part hereof or interest herein shall not be assigned or otherwise transferred by either party without the prior written consent of the other party nor shall the same be assignable by operation of law, without the prior written consent of the other party. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. District represents and warrants to Pepsi that any change in the Food Service Provider at the Facilities shall not affect Pepsi’s rights or obligations hereunder.
18. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of laws principles. Any legal proceeding of any nature whatsoever brought by either part y against the other to enforce any right or obligation under this Agreement, or arising out of any matter pertaining to this Agreement, shall be submitted for trial, without jury, before the Courts of the State of California, or the United States District Court having jurisdiction in Orange County, California, or, if neither of such courts shall have jurisdiction, then before any court sitting in Orange Country, California having subject matter jurisdiction. The parties consent and submit to the jurisdiction of any such cou rt and agree to accept service of process inside or outside the State of State of California in any manner to be submitted to any such court pursuant hereto, and the parties hereto expressly waive all rights to trial by jury regarding any such matter.
19. FORCE MAJEURE.
If the performance by either part y hereto of its respective nonmonetary obligations under this Agreement is delayed or prevented in whole or in part by acts of God, fire, floods, storms, explosions, accidents, epidemics, war, civil disorde r, strikes or other labor difficulties,a or any l w, rule, ureg lation, order or other action adopted or taken by any federal, state or local government authority, or any other cause not reasonably within such party ’s control, whether or not specifically mentioned herein, such party shall be excused, discharged and released of performance only to the extent such performance or obligation is so delayed or prevented by such occurrence without liability of any kind. In addition, if circumstances beyond the control of a party affects the party’s ability to sufficiently perform such party’s duties, including with regard to Pepsi’s role as a sponsor to the Fair, the other party shall have the right to terminate the Agreement upon ten (10) days’ prior written notice. Nothing contained herein shall be construed as requiring either party hereto to accede to any demands of, or to settle any disputes with, labor or labor unions, suppliers or other parties that such party considers unreasonable.
20. RELEASE, DISCHARGE OR WAIVER.
No release, discharge or waiver of any provision hereof shall be enforceable against or binding upon either party hereto unless in writing and executed by both parties hereto. Neither the failure to insist upon strict performance of any of the agreements, terms, covenants or conditions hereof, nor the acceptance of monies due hereunder with knowledge of a breach of this Agreement, shall be deemed a waiver of any rights or remedies that either party hereto may have or a waiver of any subsequent breach or default in any of such agreements, terms, covenants or conditions.
21. PRIOR NEGOTIATIONS; ENTIRE AGREEMENT.
15 SA-270-15SP BOTTLING GROUP, LLC
This Agreement and the exhibits attached hereto, set forth the entire understanding between the parties in connection with respect to the subject matter hereof, and no statement or inducement with respect to the subject matter by either party hereto or by any agent or rep resentative of either party hereto which is not contained in this Agreement shall be valid or binding among the parties. This provision shall not be read to invalidate or amend any other written agreements between Pepsi and/or any of its affiliates and any affiliate of District.
22. RELATIONSHIP OF THE PARTIES.
The parties are independent contractors with respect to each other. Nothing contained in this Agreement will be deemed or construed as creating a joint venture partnership between the parties.
23. EFFECT OF HEADINGS.
The headings and subheadings of the sections of this Agreement are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the agreements, terms, covenants and conditions of this Agreement in any manner.
24. CONSTRUCTION.
This Agreement has been fully reviewed and negotiated by the parties hereto and their respective legal counsel. Accordingly, in interpreting this Agreement, no weight shall be placed upon which party hereto or its counsel dra fted the provision being interpreted. Wherever this Agreement provides for one party hereto to provide authorization, agreement, approval or consent to another party hereto, or provides for mutual agreement of the parties hereto, such authorization, approval, agreement or consent shall, except as may otherwise be specified herein, be given in such party’s reasonable judgment and reasonable discretion, and shall be in writing unless otherwise mutually agreed by the parties.
25. SEVERABILITY.
If any term or prov ision of this Agreement shall be found to be void or con trary to law, such term or provision shall, but only to the extent necessary to bring this Agreement within the requirements of law, be deemed to be severable from the other terms and provisions hereof, and the remainder of this Agreement shall be given effect as if the parties had not included the severed term herein.
26. AMENDMENTS.
No provision of this Agreement may be modified, waived or amended except by a written instrument duly executed by each of the parties hereto. Any such modifications, waivers or amendments shall not require additional consideration to be effective.
27. COUNTERPARTS.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
28. FURTHER ASSURANCES. 16 SA-270-15SP BOTTLING GROUP, LLC
Each party hereto shall execute any and all further documents or instruments and take all necessary action that either party hereto may deem reasonably necessary to carry out the proper purposes of this Agreement.
17 SA-270-15SP BOTTLING GROUP, LLC
Exhibit A
Current description & pricing for Postmix Products and Packaged Products
District acknowledges and agrees (and shall require that any third parties or Food Service Providers purchasing Products through this Agreement agree) that Pepsi shall be entitledp to ass-through any incremental fees, deposits, taxes or other governmentally imposed charges (whether local, state, federal or judicially imposed) and that the pass-through of any such governmentally imposed fees, deposits, taxes or charges on the Products shall not be deemed as a price increase subject to any pricing cap or notification restrictions that may be specified in this Agreement.
Notwithstanding the above, Pepsi acknowledges and agrees that annual increase of any pricing provided herein shall not exceed five (5) percent.
JANUARY 2016 – DECEMBER 2016 PRICING
B & C Pricing
Per Unit Brand Package #/Case Price Price Isotonics/ Flavored Water SoBe Life Water 20 oz 24 $13.93 $1.16 Gatorade 20 oz 24 $19.50 $0.81 Gatorade G2 20 oz 24 $19.50 $0.81
Soft Drinks / Juice Drinks / Teas Carbonated Soft Drinks/Tropicana/Lipton 20 oz 24 $21.00 $0.88 Lipton Sparkling Tea 12 oz 12 $09.50 $0.79 Lipton Pure Leaf 12 oz 12 $12.48 $1.04 Dole/Ocean Spray Juice 15.2 oz 12 $15.32 $1.28 SoBe Juices Plastic Bottle 20 oz 12 $15.85 $1.32 Mt. Dew Kick Start 12 oz 12 $12.00 $1.00 Mt. Dew Kick Start 16 oz 12 $14.00 $1.17
Energy Drinks Starbucks Doubleshot Energy Can 15 oz 12 $21.53 $1.79 AMP Energy 16 oz 12 $19.18 $1.60 Rockstar Energy 16 oz 24 $34.28 $1.43
Ready To Drink Coffee Starbucks Doubleshot 12 Pack 6.5 oz 12 $21.31 $1.78 Starbucks Doubleshot 24 Pack 6.5 oz 24 $42.53 $1.77 Frappuccino Glass Bottle 9.5 oz 12 $19.01 $1.58 Frappuccino Glass Bottle 9.5 oz 24 $38.03 $1.58 Frappuccino Glass Bottle 13.7 oz 12 $25.28 $2.11
Other Muscle Milk 14 oz 12 $32.14 $2.68 O.N.E. Coconut Waters 16.9 oz 12 $20.35 $1.70 Fruit Shoots 10.1 oz 12 $15.20 $0.63
18 SA-270-15SP BOTTLING GROUP, LLC
Fountain Pricing
Per Carbonated Soft Drinks Per Gallon Gal/Box Box Pepsi $13.96 5 $69.81 Diet Pepsi $13.96 5 $69.81 Sierra Mist $13.96 5 $69.81 Mountain Dew $13.96 5 $69.81 Mug Root Beer $13.96 5 $69.81 Wild Cherry Pepsi $13.96 5 $69.81
Orange Crush $13.96 5 $69.81 Dr Pepper $13.96 5 $69.81
Non Carbonated Drinks - Lipton / Tropicana Lipton Unsweetened Brisk Tea $13.96 5 $69.81 Lipton Brisk Tea (Raspberry or Peach) $13.96 5 $69.81 Tropicana Yellow Lemonade $13.96 5 $69.81 Tropicana Pink Lemonade $13.96 5 $69.81 Tropicana Fruit Punch $13.96 5 $69.81
Supplies Pricing
Quantity Price Price Cup Pricing Per Case Per Case Per Cup 12 oz Double Poly Paper 2000 $75.58 $0.04 16 oz Double Poly Paper 1000 $50.80 $0.05 24 oz Double Poly Paper 1000 $70.92 $0.07 32 oz Double Poly Paper 480 $54.20 $0.11 44 oz Double Poly Paper 480 $63.75 $0.13
Quantity Price Price Lid Pricing Per Case Per Case Per Lid Lids for 12 oz - 24 oz Cup 2000 $41.15 $0.02 Lids for 32 oz - 44 oz Cup 960 $41.15 $0.04
Price Other Supply Items Size Case/Pack Cost/Unit Per Case Straws 10.25" 2000 $28.07 $0.01 Straws 7.75" 5000 $46.00 $0.01
Refundable Price Other Supply Items Deposit Per Cylinder
CO2 (20lb) $25.00 $22.06
19 SA-270-15SP BOTTLING GROUP, LLC
CO2 (50lb) $25.00 $33.10
20 SA-270-15SP BOTTLING GROUP, LLC PAGE 21 of 25
Exhibit B
Facilities & Printing Advertising and Additional Rights to be Provided to Pepsi
A. Facilities and Print Advertising.
(1) Facilities Advertising. Such advertising as may be mutually agreed upon between the parties
(2) Print Advertising. Such advertising as may be mutually agreed upon between the parties
B. Additional Rights.
1. TICKETS AND HOSPITALITY.
District will provide Pepsi during the Term with:
a) Exclusive beverage availability and sponsorship rights to Sponsor of the Beverages. The Beverages shall be the exclusive carbonated and non-carbonated non-alcoholic beverages sold, dispensed or other wise made available at all dining facilities, concessions, vending areas and any other areas where beverages are sold or distributed throughout the OC Fair & Event Center throughout the Term. The products, cups and CO2 will be purchased directly from Pepsi by District, food service provider, concessionaires and any other third parties selling Pepsi Beverages at the OC Fair & Event Center at the prices established by Pepsi pursuant to this Agreement except as expressly permitted in this Agreement.
b) The District will feature the Pepsi logo and link on the OC Fair and OC Fair & Event Center homepage for the duration of the Term.
c) The District will acknowledge Pepsi as a sponsor in all available OC Fair print advertising.
d) Each Year, the District agrees to provide Pepsi with three hundred (300) OC Fair Admission Tickets.
e) Each Year, the District agrees to provide Pepsi with ten (10) tickets in VIP box to each of twenty-three (23) Pacific Amphitheatre concerts during each annual OC Fair for the duration of the term.
f) Each Year, District agrees to provide Pepsi with Ten Thousand Dollars ($10,000.00) credit towards mobile marketing tour fees for sampling purposes. Pepsi agrees to schedule any mobile marketing tour by May 1st annually or the use of the credit will be subject to availability. Pepsi shall be charged at the published mobile marketing tour rates and the credit shall expire on an annual basis if not used.
SPONSOR AGREES:
SA-270-15SP BOTTLING GROUP, LLC PAGE 22 of 25
Notwithstanding anything herein, the Sponsor shall allow the District two (2) annual unencumbered events where the District and the District’s Food Service Providers shall have the right to sell, purchase, endorse, sponsor, market and advertise competitive products, provided that such events do not take place during the Fair.
- End Exhibit A -
22 SA-270-15SP BOTTLING GROUP, LLC PAGE 23 of 25
EXHIBIT B - SPONSORSHIP AGREEMENT TERMS AND CONDITIONS
A. Title of Event. The Event shall be known as the “OC Fair” and Sponsor agrees that it shall refer to the Event in all advertising and promotional materials by the Event’s full name.
B. Participants’ Names. Sponsor acknowledges that State does not have the right to use the names, signatures, photographs or likenesses of any performer who may appear at the Event or on Sponsor’s Stage in connection with a commercial product or service, and the individual performer must approve all such uses by Sponsor. State does have the right to approve on behalf of individual performers the use of their names, photographs or likenesses in advertising which primarily promotes the Event and the Stage and mentions Sponsor’s involvement as a Sponsor, and Sponsor will submit any such advertising to State for prior approval as provided in Paragraph M.
C. Right to Remove Name. Sponsor shall have the right, at any time and for any reason, to request in writing the State remove its name from any and/or all signage and other materials associated with the Event. State shall use its best efforts to comply with said request, but if State will incur any additional expenses in connection with such compliance, it will notify Sponsor in writing and obtain Sponsor’s prior written approval. Sponsor will reimburse State for all such approved expenses. State shall notify Sponsor if time does not reasonably permit compliance with Sponsor’s request. Nothing herein shall relieve Sponsor of its obligations under the body of this Agreement.
D. Delivery and Service. At Sponsor’s expense, Sponsor shall deliver the Products to, and store such Products at, State’s location. Sponsor agrees to provide service personnel on an “on call” basis to assist in the delivery of the Products and installation, repair, maintenance and removal of the Beverage dispensing equipment loaned by Sponsor to District in connection with sale of the Products, in a number mutually agreed upon between the parties. All of Sponsor’s personnel shall be subject to State’s security and personnel policies and practices.
E. Sponsor Insurance. During the Term of this Agreement, Sponsor agrees to carry worker’s compensation and employer’s liability insurance, in such amounts as may be required by law, for any personnel Sponsor may utilize for the delivery, installation, maintenance, repair and removal of the Product.
F. Risk of Loss. State represents and warrants that to the extent storage of the Products is under the control and/or supervision of State, State will assume all risk of loss and will further store the Products safely and securely in a manner which will not cause the Products to become defective or not merchantable or fit for their intended purpose.
G. Sponsor’s Trademarks. Sponsor’s trademarks, label designs, product identifications, artwork and other symbols and devices associated with Sponsor’s Products (“Sponsor’s Trademarks”) are and shall remain Sponsor’s property, and Sponsor shall take all steps reasonably necessary to protect such Sponsor’s Trademarks through U.S. federal registrations and foreign registrations as it deems desirable and through reasonable prosecution of infringements.
H. Sponsor’s Authorization of State. State is hereby authorized to use Sponsor’s Trademarks in advertising and promoting the Event during the Term of this Agreement, provided Sponsor shall have the right to approve all such uses in writing in advance.
I. State’s Submission for Approval. State shall submit all materials to Sponsor in writing and if Sponsor does not approve or reject such materials in writing within 10 – 14 business days after receipt thereof, then Sponsor shall be deemed to have approved such materials.
J. Uses for Benefit of Sponsor. The right to use Sponsor’s Trademarks is non-exclusive, non-assignable and nontransferable. All uses by State of Sponsor’s Trademarks shall inure solely to the benefit of Sponsor.
K. State’s Trademarks. State’s trademarks, designs, artwork and other symbols and devices associated with the Event (“State’s Trademarks”) are and shall remain State’s property and State shall take all steps reasonably necessary to protect State’s Trademarks through U.S. federal registrations and foreign registrations as it deems desirable and through reasonable prosecutions of infringements.
L. State’s Authorization of Sponsor. Sponsor is hereby authorized to use State’s Trademarks in advertising and promoting Sponsor’s Products until 15 days after the Event takes place, provided State shall have the right to approve all such uses in writing in advance.
23 SA-270-15SP BOTTLING GROUP, LLC PAGE 24 of 25
EXHIBIT B - SPONSORSHIP AGREEMENT TERMS AND CONDITIONS (CONT.)
M. Sponsor’s Submission for Approval. Sponsor shall submit materials to State in writing and if State does not approve or reject such materials in writing within 10 – 14 business days after receipt thereof, then State shall be deemed to have approved such materials.
N. Benefit of State. The right to use State’s Trademarks is non-exclusive, non-assignable and nontransferable. All uses by Sponsor of State’s Trademarks shall inure solely to the benefit of State.
O. Merchandise. State shall not manufacture or sell, or license the manufacture and/or sale, of any promotional or other merchandise which bears Sponsor’s Trademarks without Sponsor’s prior written consent. Sponsor shall have the right to manufacture and/or sell promotional or other merchandise which bears State’s Trademarks.
P. Ambush Prevention-State’s Action. State agrees to take all reasonable measures to prevent the unauthorized use of State’s Trademarks (and facsimiles thereof) and to prevent the dilution of the value of Sponsor’s rights hereunder by using its best efforts to exclude competing signage, competitive product sales and competitive product sampling from the Venue and the area surrounding the Venue, and to prosecute specific instances of trademark and copyright infringement, trademark and trade dress dilution, unfair competition and/or consumer deception whenever it is, in the opinion of State’s counsel, reasonable to do so. State shall bear all costs of such prosecution and shall retain the proceeds thereof, if any. Sponsor shall cooperate with State in any such litigation.
Q. Owner Warranties. State represents and warrants that:
1. it has the full right and legal authority to enter into and fully perform this Agreement in accordance with its terms without violating the rights of any other person;
2. State’s Trademarks do not infringe the trademarks or trade names or other rights of any other person;
3. it has all government licenses, permits or other authorizations necessary to conduct the Event as contemplated under this Agreement; and
4. it will comply with all applicable laws, regulations and ordinances pertaining to the promotion and conduct of the Event.
R. Sponsor Warranties. Sponsor represents and warrants that:
1. it has the full right and legal authority to enter into and fully perform this Agreement in accordance with its terms without violating the rights of any other person;
2. Sponsor’s Trademarks do not infringe the trademarks or trade names of any other person;
3. it has all government licenses, permits or other authorizations necessary to conduct its business; and
4. all Products furnished by Sponsor shall be of high quality and shall be free from product defects and shall be merchantable and suited for their intended purpose.
S. Effect of Cancellation on Sponsor. In the event that the Event does not take place, in whole or in part, due to any Act of God or force majeure, including, without limitation, weather, fire, flood, strike, labor dispute, civil commotion, riot or threat of violence of similar cause beyond the control of the parties, then Sponsor shall be entitled to an immediate refund of the Sponsorship Fee (or a pro rata portion thereof if the Event took place only in part) less any expenses incurred on behalf of the Sponsor and an immediate refund of the value (as measured by Sponsor’s cost) of all Products contributed by Sponsor (or a pro rata portion of the value of the Products used in the Event if the Event took place only in part). State will provide adequate revenue protection insurance to cover its obligations hereunder.
24 SA-270-15SP BOTTLING GROUP, LLC PAGE 25 of 25
EXHIBIT B - SPONSORSHIP AGREEMENT TERMS AND CONDITIONS (CONT.)
T. No Joint Venture of Partnership. This agreement shall not be deemed to create a joint venture, partnership, principal-agent, employer-employee or similar relationship between State and Sponsor.
U. Invalidity. The determination that any provision of this Agreement is invalid or unenforceable shall not invalidate the Agreement, all of said provisions being inserted conditionally on their being considered legally valid, and this Agreement shall be construed and performed in all respects as if such invalid or unenforceable provision(s) were omitted.
V. Notices. All notices required or permitted to be made under this Agreement shall be in writing and shall be deemed to have been duly given when delivered or sent by prepaid certified or registered mail:
If to State, to: 88 Fair Drive, Costa Mesa, CA 92626
or such other address as either party may designate in writing to the other party for this purpose.
W. Commissions. Sponsor and State shall each be responsible for its own sales agency, sponsorship agency, advertising agency or other commissions or brokers fees which either is or may become obligated to pay as a result of or attendant to this Agreement.
X. Non-Assignment. Neither party shall assign this Agreement without the prior written approval of the other party, except that Sponsor may assign this Agreement to any entity which acquires substantially all of its assets.
Y. Complete Agreement. This Agreement represents the entire agreement between the parties and supersedes all other agreements, if any, express or implied, whether written or oral. State has made and makes no representations of any kind except those specifically set forth herein.
Z. Binding Agreement. This Agreement shall be binding upon the parties, their successors and assigns.
AA. Breach of Agreement. In the event the Sponsor breaches the terms of this agreement as set forth in Section 10.A of the Agreement, the State shall be entitled to recover, in addition to any other damages and remedies that they may be entitled to, all costs incurred in enforcing this agreement, including attorney’s fees.
BB. Indemnification To the fullest extent permitted by law, Sponsor shall defend, indemnify, and hold harmless the 32nd District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, employees, and their sales agency of record (currently Moor + South/Pier Management Co., LP, dba Tandem) from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys’ fees, expert fees, and costs of suit), directly, or indirectly, arising from, or in any way related to the performance or nonperformance of this Agreement by Sponsor by reason of death, injury, property damage, or any claim arising from the alleged violation of any state or federal accessibility law, statute or regulation, (including but not limited to, the Americans With Disabilities Act, and/or any state, local, successor, or comparable provision of law) however caused or alleged to have been caused, and even though claimed to be due to the negligence of the State. Provided, however, that in no event shall Sponsor be obligated to defend or indemnify the 32nd District Agricultural Association, the OC Fair & Event Center, or the State with respect to the negligence or willful misconduct of the 32nd District Agricultural Association, the OC Fair & Event Center, the State, or their respective employees, or agents (excluding the Lessee herein, or any of its employees or agents) or any other third parties not acting on behalf of Sponsor.
- End Exhibit B -
25 STATE OF CALIFORNIA STANDARD AGREEMENT AMENDMENT STD. 213 A (Rev 6/03) R______A______F______
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER SA-31-14SP #1 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME 32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME DAVIS ELEN ADVERTISING on behalf of SOUTHERN CALIFORNIA TOYOTA DEALERS 2. The term of this FED ID: Agreement is 03/10/14 through 11/15/16 3. The maximum amount of this $717,000.00 CASH Agreement after this amendment is: $239,000.00 CASH AMENDMENT 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: Standard Agreement # SA-31-14SP between the District and the DAVIS ELEN ADVERTISING on behalf of SOUTHERN CALIFORNIA TOYOTA DEALERS is hereby amended as follows:
DISTRICT AND SPONSOR AGREE: 1. To extend the period of performance to November 15, 2016. 2. To increase the cash value of the sponsorship by TWO HUNDRED THIRTY-NINE THOUSAND DOLLARS ($239,000.00).
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CALIFORNIA CONTRACTOR Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
DAVIS ELEN ADVERTISING on behalf of SOUTHERN CALIFORNIA TOYOTA DEALERS BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Jennifer Lin, Vice President ADDRESS 865 S. Figueroa St., 12th Floor, Los Angeles, CA 90017 (213) 688-7014 STATE OF CALIFORNIA AGENCY NAME 32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per: Michele Richards, Vice President, Business Development ADDRESS 88 Fair Drive, Costa Mesa, CA 92626
Account #: N/A
STATE OF CALIFORNIA STANDARD AGREEMENT R_____ A_____ F_____
STD 213 (Rev 06/03) AGREEMENT NUMBER SA-042-16IA REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME 32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR'S NAME COAST COMMUNITY COLLEGE DISTRICT 2. The term of this 01/01/16 through 12/31/16 Agreement is:
3. The maximum amount $30,000.00 of this Agreement is: TRADE VALUE 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
Exhibit A – Scope of Work – To utilize parking lots and the Pacific Amphitheatre in trade Pages 1 – 4 at the OC Fair & Event Center (“Association”) and Orange Coast College (“Coast”) as continued on the following pages. Exhibit B – Budget Detail and Payment Provisions Page 5 Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Pages 6 – 8 Exhibit D – Additional Provisions – GIA 101 (Attached hereto as part of this agreement) Page 9 Exhibit E – Insurance Requirements (Attached hereto as part of this agreement) Pages 10 – 12
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.) COAST COMMUNITY COLLEGE DISTRICT BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING
Chancellor, or President, Board of Trustees ADDRESS 1370 Adams Avenue, Costa Mesa, CA 92626 (714) 438-7444 STATE OF CALIFORNIA AGENCY NAME 32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per: Michele Richards, Vice President, Business Development
ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
SA-042-16IA COAST COMMUNITY COLLEGE DISTRICT PAGE 2 of 11
EXHIBIT A – SCOPE OF WORK (CONT.)
COAST AND DISTRICT AGREE:
1. To the following provisions pertaining to general responsibilities of both Parties:
a. District and Coast shall mutually indemnify and hold harmless the other Party from any and all liability during the use of the other Party’s parking lots or property.
b. District and Coast shall provide the other Party with proof of insurance for the duration of the contract period.
c. To work in partnership to develop and implement new reciprocal trade opportunities to the benefit of both Parties.
2. To the following provisions pertaining to District usage of COAST LOTS:
a. District shall compensate Coast in the manner of trade services with utilization of agreed upon paved areas of Coast parking lots A, B, C, D & E and Coast Adams Dirt Lot.
b. District shall use Coast parking lots A, B, C, D & E for employee and overflow vendor and patron parking during specified year-round events and the annual OC Fair, including, but not limited to, the following dates:
i. February 12, 13, 14
ii. April 22, 23, 24
iii. May 1 , 28, 29
iv. June 17, 18, 19
v. July 15 – August 14
vi. August 26, 27, 28
vii. September 16, 17, 18
c. District shall use Coast Adams Dirt Lot for overflow OC Fair and/or undisclosed event parking from June 18 – August 21, 2016, and is aware the Adams parking lot is neither paved nor striped.
d. District shall clean used areas on Coast premises after each day of use to restore to the condition in which the property was received.
e. District shall provide personnel, traffic directors, directional signage, additional lighting, as needed, and portable restrooms during the designated events.
f. Coast shall notify the District of any accident or incident that takes place in the designated parking area.
g. In the event Lots A, B, C, D, E and/or Coast Adams Dirt Lot need to be utilized for a Coast event, an alternative lot shall be made available to the District by Coast.
3. To the following provisions pertaining to Coast usage of DISTRICT LOT “E”:
a. Coast shall have usage of District Lot “E” for overflow Coast student parking from January 1 – June 20 and August 17 – December 18, 2016. Days/hours of permissible access shall be Monday – Friday, from 6:00 a.m. to 12:00 a.m.
b. Coast vehicles shall enter through Gate 3½ off of Arlington Drive to access the lot.
c. District shall barricade Association’s Lot “E” to allow access point off of Arlington Drive at Gate 3½.
d. District shall ensure that Gate 3½ off Arlington is locked/unlocked daily for the Coast students to enter.
e. Coast shall clean and make suitable for parking of vehicles. Coast shall coordinate and receive approval from District on the cleaning plan.
SA-042-16IA COAST COMMUNITY COLLEGE DISTRICT PAGE 3 of 11 EXHIBIT A – SCOPE OF WORK (CONT.) f. District shall provide proper directional signage in District parking lot.
g. District shall work with Coast Public Safety to coordinate parking credential enforcement daily during the OC Fair and other dates utilized by the District for overflow parking.
h. Coast shall enforce parking regulations and receive all fines collected for parking citations issued by Coast Public Safety.
COAST AND DISTRICT AGREE (CONT.):
i. Coast shall notify the District of any accident or incident that takes place in the designated parking area.
j. In the event Lot “E” needs to be utilized for an event held on District property, an alternative lot will be made available to Coast by the Association.
4. To the following provisions pertaining to Coast usage of District PACIFIC AMPHITHEATRE:
a. Coast shall have use of the Pacific Amphitheatre for the Orange Coast College Commencement (“Commencement”).
b. Commencement Ceremony setup shall take place May 18 – 20, 2016, from 8:00 a.m. to 5:00 p.m.
c. Coast shall have the option to host a Commencement rehearsal on May 19, 2016, from 10:00 a.m. to 3:00 p.m., with a lunch provided and hosted by Coast staff and/or students. The use of third-party food trucks will require a one hundred seventy-five dollar ($175.00) buyout per truck; however, the buyout shall be waived if the food truck(s) are based in Orange County, California. Approximately 400 individuals may attend the rehearsal.
d. Commencement event date shall be May 20, 2016, from 5:30 p.m. to 7:30 p.m.
e. Commencement estimated attendance is approximately 6,000 – 7,000.
f. Coast shall provide light snacks and beverages to be consumed after the Commencement Ceremony.
g. Coast shall provide necessary directional signage per the required specifications.
h. Coast shall provide ushers.
i. District shall provide coordination with Costa Mesa Police Department for traffic.
j. Coast shall be responsible for reimbursement of any fees charged by the Costa Mesa Police Department for traffic control purposes.
k. Seating shall be limited to the Association’s pre-determined seated area only.
l. Coast shall comply with Association’s policy for the use or operation of an unmanned aerial vehicle (UAV), drone or other in-air device(s), mechanical or otherwise, over District property. (See District’s UAV policy)
m. Coast shall provide and pay for audio/sound and photography services. In order to maintain compliance with District-mandated noise mitigation requirements, Coast shall be required to utilize and contract directly with District’s approved supplier for the fulfillment of sound services.
n. District shall provide and pay for the necessary parking services, stage lighting, curtains, theatre preparation, janitorial services, electronic marquee board, security personnel, cement bases, and pre and post-event cleanup.
i. District shall provide electronic marquee board one (1) week prior to date of Commencement.
ii. District shall provide and pay for five (5) security personnel from 3:30 p.m. – 7:30 p.m. the day of the Commencement.
iii. District shall provide cement bases for flag hanging, the quantity and location of which shall be determined and mutually agreed upon by Coast and the Association.
o. Association’s Master Concessionaire shall sell water, soda and light snacks during the Orange Coast College Commencement. Alcoholic beverages will not be available.
p. District shall allow Coast to sell flowers and bookstore merchandise at no rent or commission to the Association.
SA-042-16IA COAST COMMUNITY COLLEGE DISTRICT PAGE 4 of 11
EXHIBIT A – SCOPE OF WORK (CONT.)
COAST AND DISTRICTAGREE (CONT.):
5. To provide the following PROMOTIONAL ADVERTISING provided by Coast to the Association:
a. $10,000.00 worth of in-kind trade to be fulfilled by Coast in conjunction with the Association’s Director of Marketing of the year-round event program and the annual OC Fair as indicated in items c. – h. below.
b. Coast shall provide point of contact’s name and telephone number to the Association’s Director of Marketing.
c. Coast shall provide advertising/inclusion in:
i. Coast to Coast (weekly newspaper)
ii. Coast Report (weekly newspaper)
iii. Commencement Program (one (1) page)
d. District shall provide electronic copy of OC Fair Summer Concert Series schedule to Coast, which Coast shall insert in Commencement Program, as indicated in above Paragraph 5.c.
e. Coast shall provide a promotional email blast to all Coast accounts and social media announcements of Imaginology (to be sent in March and April), OC Fair dates (to be sent in July), and the Summer Book Drive (to be sent in May and June).
f. To provide campus signage as follows:
i. Windmasters (Six (6) key locations)
ii. Glass Display Cases (Twelve (12) locations)
g. Coast shall provide link(s) on Coast’s website to the Association’s website.
h. Coast shall provide brochure distribution as follows:
i. Bookstore
ii. Offices
iii. Student Center
iv. Mailboxes
-End Exhibit A-
SA-042-16IA COAST COMMUNITY COLLEGE DISTRICT PAGE 5 of 11 EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: Not Applicable
PAYMENT PROVISIONS:
There are no payment provisions, as this is a trade value contract.
-End Exhibit B-
SA-042-16IA COAST COMMUNITY COLLEGE DISTRICT PAGE 6 of 11 EXHIBIT C – GENERAL TERMS AND CONDITIONS
GTC 610
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and employees from and against all claims, damages, losses and expenses, of every kind, nature and description (including, but not limited to, attorney’s fees, expert fees, and costs of suit), directly, or indirectly, arising from or in any way related to the performance or nonperformance of the Agreement, regardless of responsibility of state or federal accessibility law, statute or regulation, (including but not limited to, the Americans With Disabilities Act, and/or any state, local successor, or comparable provision of law) however caused or alleged to have been caused, and even though claimed to be due to the negligence of the State.
To the fullest extent permitted by law, the 32nd District Agricultural Association, the OC Fair & Event Center, and the State District shall defend, indemnify, and hold harmless the Coast Community College District, Orange Coast College and their respective agents, directors, and employees from and against all claims, damages, losses and expenses, of every kind, nature and description (including, but not limited to, attorney’s fees, expert fees, and costs of suit), directly, or indirectly, arising from or in any way related to the performance or nonperformance of the Agreement, regardless of responsibility of state or federal accessibility law, statute or regulation, (including but not limited to, the Americans With Disabilities Act, and/or any state, local successor, or comparable provision of law) however caused or alleged to have been caused, and even though claimed to be due to the negligence of the State.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
SA-042-16IA COAST COMMUNITY COLLEGE DISTRICT PAGE 7 of 11 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
i. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
ii. "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such
SA-042-16IA COAST COMMUNITY COLLEGE DISTRICT PAGE 8 of 11 EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
SA-042-16IA COAST COMMUNITY COLLEGE DISTRICT PAGE 9 of 11
EXHIBIT D – INSURANCE REQUIREMENTS
California Fair Services Authority
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:
A. Insurance Certificate: The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured: "That the State of California, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages: a. General Liability Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 0001. Limits shall be not less than $5,000,000 per occurrence for Fairtime Carnival Rides; $3,000,000 per occurrence for Motorized Events All Types except arena or track motorcycle racing and go-cart racing; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, Simulators, and Motorized Events of arena or track motorcycle racing and go-cart racing; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
b. Automobile Liability Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 0001, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
d. Medical Malpractice Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages.
4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions.
SA-042-16IA COAST COMMUNITY COLLEGE DISTRICT PAGE 10 of 11
EXHIBIT D – INSURANCE REQUIREMENTS (CONT.)
5. Certificate Holder: a. For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder:
32nd District Agricultural Association, OC Fair & Event Center, 88 Fair Drive, Costa Mesa, CA 92626
b. For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR B. CFSA Special Events Program: The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR C. Master Certificates: A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).
OR D. Self-Insurance: The contractor/renter is self-insured and acceptable evidence of self-insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
A. Maintenance of Coverage: The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
B. Primary Coverage: The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
C. Contractor’s Responsibility: Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.
SA-042-16IA COAST COMMUNITY COLLEGE DISTRICT PAGE 11 of 11
EXHIBIT D – INSURANCE REQUIREMENTS (CONT.)
D. Certified Copies of Policies: Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
For hazardous participant events, the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter. Hazardous participant events include but are not limited to any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority at (916) 921-2213 for further information.
-End Exhibit D-
FEBRUARY 2016 BOARD OF DIRECTORS MEETING 2016 RENTAL AGREEMENTS RA # CONTRACTOR EVENT DESCRIPTION FACILITIES CONTRACT DATES CONTRACT AMOUNT $80.00 per club meeting; $120.00 per additional R-001-16 Orange County Organic Gardening Club Orange County Organic Gardening Club Meetings Meeting Silo Building 01/01/16-12/31/16 meetings R-006-16 Orange County Farm Bureau Farmer's Market Farmer's Market Parking Lot D or E 01/07/16-12/29/16 $336.00 per month January - December R-007-16 Lisa's Gourmet Coffee Parking Space Rental Parking Space Rental Parking Lot G 01/01/16-12/31/16 $7 per space per day January - December R-008-16 Semler Gourmet Meats, Inc. Parking Space Rental Parking Space Rental Parking Lot G 01/01/16-12/31/16 $7 per space per day R-018-16 The Expo Pros California Baby & Kidz Expo Children's Expo Huntington Beach 02/26/16-02/28/16 $9,507.00 R-026-16 Girl Scouts of Orange County Girl Scout Cookie Mega Delivery Cookie Delivery Lot D 01/22/16-01/23/16 $1,900.00 Anaheim, Los Alamitos, OC R-030-16 Adcom Publishing Inc. - BrideWorld Expo Adcom Publishing Inc. - BrideWorld Expo Bridal Expo Promenade 06/11/16-06/12/16 $12,528.00 R-034-16 Roy Englebrecht Promotions Fight Club OC Boxing / MMA The Hangar 02/17/16-02/18/16 $12,549.50 R-046-16 Roy Englebrecht Promotions Fight Club OC Boxing / MMA The Hangar 01/15/16-01/16/16 $13,289.50 R-050-16 Meagan Manning Peterson Wedding Wedding Millennium Barn, Silo 05/20/16-05/22/16 $5,668.00 In-Kind Trade: $4,525.00 R-052-16 The Dave Linden Group, Inc. Orange County's Largest Mixer Networking Event Costa Mesa, Santa Ana Pavilion 03/15/16-03/16/16 Payment: $7,427.00 R-056-16 Ultimate Trade Shows & Events, Inc. The 39th Annual OC Home & Garden Show Home Show Anaheim, Los Alamitos 02/26/16-02/29/16 $22,500.50 Japan Karate Federation Inc. dba Shito-Ryu R-062-16 Karate-Do Genbu-Kai Goodwill Tournament Karate Tournament Huntington Beach 02/20/16-02/21/16 $14,478.50 R-064-16 Rusty Barn Promotion Group Inc. Quilt, Craft and Sewing Festival Consumer Show The Hangar 09/28/16-10/02/16 $20,654.50 R-066-16 Susan Baron Camille's Sweet 16 Birthday Party Baja Blues Restaurant 02/06/16 $1,588.00
R-069-16 Sound Media Fusion, LLC Sound Testing Sound Testing Plaza Pacifica Lobby 01/18/16-01/19/16 $1,657.50 R-078-16 M GymKhana MGX Day Session Motorcylce Training Lot G 01/30/16 $1,608.00 Pacific Amphitheatre, Imaginology, FT-003-16 Waffle-icious, LLC Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-005-16 Martin Tse dba Dogzilla Hotdogs Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-011-16 Brats Berlin, Inc. dba Crepes Bonaparte Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-013-16 Me So Hungry LLC Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-015-16 TJ's Wood Fire Pizza LLC Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-017-16 The Cut LLC Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-019-16 Philosopher Food LLC dba Falasophy Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-021-16 Pratioto Grp Inc. Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-027-16 Rajin Cajunon Wheels Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-032-16 The Flip Masters Grill & Kabob Inc. Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-045-16 Maca LLC dba The Coconut Truck Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-049-16 Brew Wings LLC Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 Pacific Amphitheatre, Imaginology, FT-054-16 Miyagi Corporation dba Yoshi's Toasties Food Truck Fare, Imaginology, Fair Food Truck Fair 01/01/16-12/31/16 Varies $35.00 - $400.00 FORM F-31 AGREEMENT NO. R-001-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Orange County Organic Gardening Club hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from Beginning January 1, 2016 and ending December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Orange County Organic Gardening Club Meetings
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $80.00 per month – Monthly Club Meeting $120.00 per additional meetings
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Orange County Organic Gardening Club 32nd District Agricultural Association 16027 Brookhurst St., #1269 88 Fair Drive Fountain Valley, CA 92843 Costa Mesa, CA 92626
By______Date______By______Date______
Title: Sheryllyn McClintock, President Title: Michele Richards, V.P. Business Development
AGREEMENT: R-001-16 DATED: February 14, 2016 WITH: Orange County Organic Gardening Club PHONE: (714) 990-4772
EXHIBIT "A"
DATE(S) OF EVENT: January 1, 2016 and ending December 31, 2016
BUILDING(S)/LOCATION(S): Silo Building
RENTER AGREES:
That the term of this Agreement is from January 1, 2016 through December 31, 2016.
To conduct monthly meetings on the second Tuesday of the month (see dates below) between January and June, resuming in September through December. Monthly Orange County Organic Gardening Club meetings are scheduledDRAFT from 6:30 PM to 9:30 PM but may begin as early as 6:00 PM. Teardown is to be concluded by 10:00 PM.
January 12th, February 9th, March 8th, April 12th, May 10th, June 14th, September 13th, October 11th, November 8th, December 13th
To contact Centennial Farm staff at (714) 708-1619 to schedule, change or confirm any additional meetings.
That all members and patrons of Orange County Organic Gardening Club will access the property on Monday through Friday at Main Gate off Fair Drive, and enter fairgrounds through the Centennial Farm Gate. Should Gate 1 need to be closed due to an event taking place at the OC Fair & Event Center, members and patrons of Orange County Organic Gardening Club can access the property at Gate 4 off of Arlington Drive.
That parking around the building is not permitted. Staff and members are required to park in Lot B or where otherwise instructed by OCFEC Parking Staff.
That no setup may take place prior to the time designated on this Rental Agreement.
To provide all supplies, paper goods, coffee pots and food items necessary to conduct monthly meetings.
To remove all Orange County Organic Gardening Club supplies and equipment after each meeting. Renter understands that there is no storage space available for Orange County Organic Gardening Club equipment.
To leave the facilities in same condition as when possession was taken. If facility is left unkempt and/or not returned to proper state, OCFEC reserves the right to terminate this contract (see Exhibit F for Silo layout).
That all trash generated by Orange County Organic Gardening Club be taken out to appropriate disposal area outside the Silo Building.
To reimburse District (OCFEC) for any out of pocket expenses incurred due to damage caused by Renter or its members.
That office supplies and office equipment are not included in this rental.
That OCFEC phones are not available for outside calls. In case of an emergency, Renter is to contact Safety & Security Department at (714) 708-1588. Safety & Security will then notify outside emergency personnel if needed.
To provide proof of insurance coverage for January 1, 2016 through December 31, 2016.
To pay $80.00 per month for use of the Silo Building for one club meeting per month. Additional meetings will be charged at $120.00 per meeting.
32nd District (OCFEC) will provide:
Tables and chairs for the monthly meeting. Access to Centennial Farm Gate and Silo Building. Parking access through the Main Gate off Fair Drive. Should Main Gate need to be closed, parking access will be available through Gate 4.
Payment Schedule:
Payment of $480.00 is due on or before January 4, 2016 for period covering January through June.
Payment of $320.00 is due on or before July 1, 2016 for period covering September through December.
A $25.00 late fee will be added if payment is not received by tenth (10th) day of applicable following calendar month.
DRAFT FORM F-31 AGREEMENT NO. R-006-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Orange County Farm Bureau hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 7, 2016 to December 29, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Farmer’s Market
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $336.00 per month
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Orange County Farm Bureau 32nd District Agricultural Association 13042 Old Myford Road 88 Fair Drive Irvine, CA 92620 Costa Mesa, CA 92626
By______By______
Title: Patricia Harrison, Manager Title: Michele Richards, V.P. Business Development
EXHIBIT A Event Information Event Name: Farmer's Market Contract No: R-006-16 Contact Person: Kathy Nakase Phone: (714) 573-0374 Event Dates: 01/07/2016 - 12/29/2016 Hours: 6:00 AM - 1:00 PM
Facility Rental Fees Facility and/or Area Fees Date-Time Activity Parking Lot D January 7, 14, 21, 28 09:00 AM - 01:00 PM Event Parking Lot D February 4, 11, 18, 25 09:00 AM - 01:00 PM Event Parking Lot D March 3, 10, 17, 24, 31 09:00 AM - 01:00 PM Event Parking Lot D April 7, 14, 21, 28 09:00 AM - 01:00 PM Event Parking Lot D May 5, 12, 19, 26 09:00 AM - 01:00 PM Event Parking Lot D June 2, 9, 16, 23, 30 09:00 AM - 01:00 PM Event Parking Lot D or E July 7, 14, 21, 28 09:00 AM - 01:00 PM Event (During the OC Fair, the Farmer’s Market will move to Lot E) Parking Lot D or E August 4, 11, 18, 25 09:00 AM - 01:00 PM Event (During the OC Fair, the Farmer’s Market will move to Lot E) ParkingDRAFT Lot D September 1, 8, 15, 22, 29 09:00 AM - 01:00 PM Event Parking Lot D October 6, 13, 20, 27 09:00 AM - 01:00 PM Event Parking Lot D November 3, 10, 17 09:00 AM - 01:00 PM Event Parking Lot D December 1, 8, 15, 22, 29 09:00 AM - 01:00 PM Event
FACILITY RENTAL FEES:
Payment of $336.00 due on the fifth (5th) day of every month.
LOCATION(S): A portion of Main Parking Lots “D” or “E” is to be utilized. It is understood that same location may not always be available due to special events and/or construction; however, an alternate location will be made available. In the event of relocation, the OCFEC will notify Renter and it will be the Renter’s responsibility to notify the farmers of such change.
OC FAIR & EVENT CENTER AGREES: • To provide traffic cones and signage during each Farmer’s Market event. • To provide trash receptacles, water connections and restroom facilities.
RENTER AGREES: • That upon completion of each event day, premises including area used for public parking will be left in its original condition.
• That cost of any additional cleanup provided by OCFEC will be payable and due upon receipt of an itemized invoice.
• To remove any signs and/or banners from OCFEC property at the end of each event day.
• That any activity other than selling certified products must be approved in writing by OCFEC Management. OCFEC Management reserves the right to disallow setup of any vendor deemed inappropriate for the Farmer’s Market.
• That the OCFEC retains all food and beverage concession rights.
• To ensure that metal poles are capped. Renter may be responsible for the cost of patching and/or repaving the parking lot if pole caps are not used. In addition, Renter may be fined if vendors do not comply.
• To provide technical assistance and advice to Centennial Farm.
• To accept current rental location “as is.”
• To provide proof of insurance coverage for effective dates of this agreement by no later than January 7, 2016.
• To provide current proof of Workers’ Compensation Insurance by no later than January 7, 2016.
• To pay for electricity (at cost) should it be required as well as available.
EXHIBIT A Event Information PAYMENT SCHEDULE: • $336.00 due on the fifth (5th) day of every month. A $50.00 late fee will be added if payment is not received by the first (1st) day of the following calendar month.
Please Remit Payment in *Check Only* **ALL PAYMENTS ARE NON-REFUNDABLE**
DRAFT FORM F-31 AGREEMENT NO. R-007-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Lisa’s Gourmet Coffee hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 - December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
Parking Space in Lot G
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
PARKING SPACE RENTAL
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT January - December $8.00 per space per day
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Lisa’s Gourmet Coffee 32nd District Agricultural Association 8755 Hummingbird Avenue 88 Fair Drive Fountain Valley, CA 92708 Costa Mesa, CA 92626
By______By______
Title: Lisa Grandizio Bivens, Owner Title: Michele A. Richards, V.P. Business Development
AGREEMENT: R-007-16 DATED: February 14, 2016 WITH: Lisa’s Gourmet Coffee PHONE: (714) 593-8141
EXHIBIT "A"
DATE(S) OF EVENT: January 1, 2016 through December 31, 2016
LOCATION(S): Parking (storage) space in Lot G
RENTER AGREES: • That parking (storage) space is for one 15’ custom-built trailer.
• That no utilities or facilities will be used by Renter.
• That no hazardous materials of any kind will be stored in or around the trailer. DRAFT • That there will be nothing stored outside of the trailer at any time, nor anything stored in parking (storage) space when trailer is not occupying the space.
• That trailer will be removed from the space on Friday of each weekend when the Orange County Market Place is open, and returned to the space on Sunday after the Orange County Market Place closes. Fairtime Exception: The trailer will be removed from the space on the last Friday before the Orange County Market Place is open prior to the commencement of the OC Fair. The trailer will be returned to the space after the Orange County Market Place closes on the first Sunday of operation following conclusion of the OC Fair.
• That there is no in-and-out privileges taking place during events at the OC Fair & Event Center (OCFEC).
• That trailer will not be occupied, nor will preparation of any food or beverage take place while stored in space.
• That District (OCFEC) is in no way responsible for the Renter’s trailer or its contents.
• That the Renter does not have exclusive use of Lot G.
• To accept the current space location as is. Should Renter wish to make any changes, Renter must first obtain written approval from OCFEC Management. All changes resulting in additional cost will be at Renter’s expense.
• To refrain from discussing this arrangement with other vendors and personnel of the Orange County Market Place.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from District (OCFEC) property.
• That in the event that above stated area is no longer available to Renter, District (OCFEC) reserves the right to relocate parking (storage) space. If no suitable space is available, thirty (30) days notice will be provided and any pre-paid rent will be refunded.
PAYMENT SCHEDULE: January - December, 2016 $8.00 per space per day, due on or before the 5th of each month.
th LATE PAYMENTS: Payments received after the 10 of any month will be subject to a $25.00 late fee.
FORM F-31 AGREEMENT NO. R-008-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Semler Gourmet Meats, Inc. hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 - December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
Parking Space in Lot G
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
PARKING SPACE RENTAL
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT January – December $8.00 per space per day
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Semler Gourmet Meats, Inc. 32nd District Agricultural Association 9732 Olympic Drive 88 Fair Drive Huntington Beach, CA 92646 Costa Mesa, CA 92626
By______By______
Title: Cathy Semler, Owner Title: Michele A. Richards, V.P. Business Development
AGREEMENT: R-008-16 DATED: February 14, 2016 WITH: Semler Gourmet Meats, Inc. PHONE: (714) 962-9830
EXHIBIT "A"
DATE(S) OF EVENT: January 1, 2016 through December 31, 2016
LOCATION(S): Parking space in Lot G
RENTER AGREES: • That parking (storage) space is for one 15’ custom-built trailer.
• That no utilities or facilities will be used by Renter.
• That no hazardous materials of any kind will be stored in or around the trailer. DRAFT • That there will be nothing stored outside of the trailer at any time, nor anything stored in parking (storage) space when trailer is not occupying the space.
• That trailer will be removed from the space on Friday of each weekend when the Orange County Market Place is open, and returned to the space on Sunday after the Orange County Market Place closes. Fairtime Exception: The trailer will be removed from the space on the last Friday before the Orange County Market Place is open prior to the commencement of the OC Fair. The trailer will be returned to the space after the Orange County Market Place closes on the first Sunday of operation following conclusion of the OC Fair.
• That there is no in-and-out privileges taking place during events at the OC Fair & Event Center (OCFEC).
• That trailer will not be occupied, nor will preparation of any food or beverage take place while stored in space.
• That District (OCFEC) is in no way responsible for the Renter’s trailer or its contents.
• That the Renter does not have exclusive use of Lot G.
• To accept the current space location as is. Should Renter wish to make any changes, Renter must first obtain written approval from OCFEC Management. All changes resulting in additional cost will be at Renter’s expense.
• To refrain from discussing this arrangement with other vendors and personnel of the Orange County Market Place.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from District (OCFEC) property.
• That in the event that above stated area is no longer available to Renter, District (OCFEC) reserves the right to relocate parking (storage) space. If no suitable space is available, thirty (30) days notice will be provided and any pre-paid rent will be refunded.
PAYMENT SCHEDULE: January - December, 2016 $8.00 per space per day, due on or before the 5th of each month.
th LATE PAYMENTS: Payments received after the 10 of any month will be subject to a $25.00 late fee.
FORM F-31 AGREEMENT NO. R-018-16 REVISED DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and The Expo Pros hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from February 26 - 28, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
California Baby & Kidz Expo
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $9,507.00
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees, and the Association’s sales agency of record (currently Moor + South/Pier Management, Co., LP, a Delaware Limited Partnership dba Tandem) from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
The Expo Pros 32nd District Agricultural Association 11479 South Pine Drive 88 Fair Drive Parker, CO 80134 Costa Mesa, CA 92626
By______By______
Title: Shael Buchen, Show Producer Title: Michele A. Richards, V.P., Business Development
EXHIBIT A Event Information Event Name: California Baby & Kidz Expo Contract No: R-018-16 REVISED Contact Person: Shael Buchen Phone: (720) 934-4455 Event Date: 02/27/2016 Hours: 10:00 AM - 5:00 PM
Admission Price: Adult: $10.00 ($2.00 Web Discount) Senior: $5.00 (65+) Child: 12 & Under Free
Vehicle Parking Fee: $8.00 General Parking Projected Attendance: 2,000 Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Friday Huntington Beach Building 02/26/2016 06:00 AM - 07:00 PM Move In 1,550.00
Saturday Huntington Beach Building 02/27/2016 10:00 AM - 05:00 PM Event 3,100.00
Sunday Huntington Beach Building 02/28/2016 06:00 AM - 12:00 PM Move Out No Charge
-Move outDRAFT must be completed by 12:00 Noon on Sunday - February 28, 2016 to avoid additional charges. Total: 4,650.00 Estimated Equipment Fees Description Date-Time Units Rate Actual Chair TBD TBD EA 2.50 EA TBD Dumpster Estimate 8 8.00 EA 18.00 EA 144.00 Electrical Splitter Box Estimate 2 2.00 EA 55.00 EA 110.00 Electrical Usage Rate Estimate Only 1.00 EA 700.00 EVT 700.00 Forklift Estimate 3 Hours 3.00 HR 75.00 HR 225.00 Portable Electronic Message Board 02/27/2016 2.00 EA 75.00 EA/DAY 150.00 Scissor Lift Estimate 2 Hours 2.00 HR 75.00 HR 150.00 Sweeper (In-House) Estimate 2 Hours 2.00 HR 75.00 HR 150.00
Total: 1,629.00 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event Operations Set Up Grounds Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Electrician Estimate 1 Hour 1.00 HR 50.00 HR 50.00
Event Day Grounds Attendant Lead 02/27/2016 09:00 AM - 05:00 PM 1.00 EA 30.00 HR 240.00 Grounds Attendant 02/27/2016 09:00 AM - 05:00 PM 1.00 EA 20.00 HR 160.00 Janitorial Attendant 02/27/2016 09:00 AM - 05:00 PM 2.00 EA 20.00 HR 320.00
Clean Up Grounds Attendant Lead Estimate 4 Hours 4.00 HR 30.00 HR 120.00 Grounds Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Electrician Estimate 1 Hour 1.00 HR 50.00 HR 50.00
Event Sales and Services Event Coordinator 02/27/2016 09:00 AM - 05:00 PM 1.00 EA 40.00 HR 320.00
Parking Vendor Set Up: 4:00 PM - 7:00 PM Parking Attendant Lead 02/26/2016 02:00 PM - 07:30 PM 1.00 EA 30.00 HR 165.00 Parking Attendant 02/26/2016 02:00 PM - 07:30 PM 2.00 EA 20.00 HR 220.00
Outside Services State Fire Marshal Estimate Only (Plan Review and/or Site Inspection) 1.00 HR 263.00 HR 263.00
Total: 2,228.00
EXHIBIT A Event Information Summary
Facility Rental Total $4,650.00 Estimated Equipment, Reimbursable Personnel and Services Total $3,857.00 Refundable Deposit $1,000.00
Grand Total: $9,507.00
Payment Schedule Payment Schedule Due Date Amount First Payment PAID 09/01/2015 $1,000.00 Second Payment PAID 01/05/2016 $4,403.50 Third Payment 01/26/2016 $4,103.50
Total: $9,507.00
Remaining Payment Total: $4,103.50 DRAFT Please Remit Payment in *Check Only* **ALL PAYMENTS ARE NON-REFUNDABLE**
The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property and its facilities is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
OVATIONS FOOD SERVICES, L. P. dba SPECTRA All food and beverage service must be discussed with and approved by Spectra (formerly Ovations), the OCFEC Master Concessionaire.
FORM F-31 AGREEMENT NO. R-026-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Girl Scouts of Orange County hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 22 - 23, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Girl Scout Cookie Mega Delivery
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $1,895.00
5. Please see Exhibits “A” “B” “C” “D” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Girl Scouts of Orange County 32nd District Agricultural Association 9500 Toledo Way 88 Fair Drive Irvine, CA 92618 Costa Mesa, CA 92626
By______By______
Title: Ronda Sussman, Product Sales Director Title: Michele Richards, V.P., Business Development
EXHIBIT A Event Information Event Name: Girl Scout Cookie Mega Delivery Contract No: R-026-16 Contact Person: Ronda Sussman Phone: (714) 227-6996 Event Date: 01/23/2016 Hours: 6:00 AM - 5:00 PM
Vehicle Parking Fee: No Charge (1,000 vehicles picking up approximately) Attendance: 800 staff & volunteers Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Friday Lot D 01/22/2016 05:00 PM - 09:00 PM Move In* Included
Saturday Lot D 01/23/2016 04:30 AM - 05:00 PM Event 1,445.00
*Girl Scouts of Orange County will be bringing in semi trucks to drop off (32) trailers in the evening. -Move out must be completed by 11:59 PM on Saturday - January 23, 2016 to avoid additional charges. Total: 1,445.00* *15% non-profit discount based on $1,700.00 parking lot fee (2015 rate). Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event OperationsDRAFT Event Day Janitorial Attendant 01/23/2016 12:00 PM - 05:00 PM 2.00 EA 20.00 HR 200.00
Total: 200.00
Summary Facility Rental Total $1,445.00 Estimated Equipment, Reimbursable Personnel and Services Total $200.00 Refundable Deposit $250.00
Grand Total: $1,895.00
Payment Schedule Payment Schedule Due Date Amount First Payment 01/08/2016 $1,895.00
Total: $1,895.00
Payment Total: $1,895.00
Please Remit Payment in *Check Only* **ALL PAYMENTS ARE NON-REFUNDABLE**
The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property and its facilities is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
HEAVY EQUIPMENT Girl Scouts of Orange County will provide their own forklifts, etc. for moving pallets of cookies.
RESTROOMS Girl Scouts of Orange County will use the restrooms at Pacific Amphitheatre located near the Pacific Amphitheatre Box Office.
SOUND ORDINANCE Per City Ordinance, no loud noise allowed during move in and move out between 9:00 PM - 8:00 AM. Please refer to Exhibit E. NO amplified music/sound in the parking lot before, during, or after the Girl Scout Cookie Mega Delivery. Should the OCFEC Event Coordinator or security request that the volume of music, sound or noise be lowered or turned off, Girl Scouts of Orange County staff or volunteers must comply with request.
EXHIBIT A Event Information STAFF & VOLUNTEER PARKING Girl Scouts of Orange County staff and volunteers will be permitted to park in Lot E for the duration of the event.
TRASH Girl Scouts of Orange County will bag and remove all trash, pallets, etc. and leave nothing behind.
TROOP PICK-UP DRIVERS Girl Scouts of Orange County Troop pick-up drivers will access Lot D through Gate 3 & 4 and will exit through either Gate 3 or 4.
DRAFT FORM F-31 AGREEMENT NO. R-030-16 REVISED DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Adcom Publishing Inc. - BrideWorld Expo hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from June 11 - 12, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Adcom Publishing Inc. - BrideWorld Expo
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $12,528.00
5. Please see Exhibits “A” “B” “C” “D” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Adcom Publishing Inc. - BrideWorld Expo 32nd District Agricultural Association 14742 Beach Boulevard, #409 88 Fair Drive La Mirada, CA 90638 Costa Mesa, CA 92626
By______By______
Title: Steve Berry, President Title: Michele Richards, V.P., Business Development
EXHIBIT A Event Information Event Name: Adcom Publishing Inc. - BrideWorld Expo Contract No: R-030-16 REVISED Contact Person: Steve Berry Phone: (714) 670-7800 Event Date: 06/12/2016 Hours: Saturday: 10:00 AM - 4:00 PM
Admission Price: Adult: $10.00
Vehicle Parking Fee: $8.00 General Parking Projected Attendance: 2,000+ Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Saturday Anahiem Building (#16) 06/11/2016 07:00 AM - 10:00 PM Move In 1,000.00 Los Alamitos Building (#14) 06/11/2016 07:00 AM - 10:00 PM Move In 1,350.00 OC Promenade 06/11/2016 07:00 AM - 10:00 PM Move In Included
Sunday Anahiem Building (#16) 06/12/2016 10:00 AM - 04:00 PM Event 2,000.00 Los Alamitos Building (#14) 06/12/2016 10:00 AM - 04:00 PM Event 2,700.00 OC PromenadeDRAFT 06/12/2016 10:00 AM - 04:00 PM Event Included
-Move out must be complete by 11:59 PM on Sunday - June 12, 2016 to avoid additional charges. Total: 7,050.00 Estimated Equipment Fees Description Date-Time Units Rate Actual 20 Amp Drop Estimate 7 7.00 EA 25.00 EA 175.00 50 Amp Drop Estimate 3 3.00 EA 70.00 EA 210.00 Dumpster Estimate 5 5.00 EA 18.00 EA 90.00 Electrical Splitter Boxes TBD TBD EA 55.00 EA TBD Electrical Usage Rate Estimate Only 1.00 EA 480.00 EVT 480.00 Forklift TBD TBD HR 75.00 HR TBD Picnic Table TBD TBD EA 15.00 EA TBD Portable Electronic Message Board Parking Ops - Do Not Provide Message Boards N/A EA 75.00 EA/DAY N/A Scissor Lift Estimate 6 Hours 6.00 HR 75.00 HR 450.00 Sweeper (In-House) Estimate 6 Hours 6.00 HR 75.00 HR 450.00
Total: 1,855.00 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event Operations Set Up Electrician Estimate 5 Hours 5.00 HR 50.00 HR 250.00
Event Days Grounds Attendant Lead 06/12/2016 08:00 AM - 04:00 PM 1.00 EA 30.00 HR 240.00 Grounds Attendant 06/12/2016 08:00 AM - 04:00 PM 2.00 EA 20.00 HR 320.00 Janitorial Attendant 06/12/2016 08:00 AM - 04:00 PM 2.00 EA 20.00 HR 320.00
Clean Up Grounds Attendant Estimate 5 Hours 5.00 HR 20.00 HR 100.00 Janitorial Attendant Estimate 8 Hours 8.00 HR 20.00 HR 160.00 Electrician Estimate 5 Hours 5.00 HR 50.00 HR 250.00
Event Sales & Services Event Coordinator 06/12/2016 08:00 AM - 04:00 PM 1.00 EA 40.00 HR 320.00
Parking Parking Attendant Lead Estimate 8 Hours 8.00 HR 30.00 HR 240.00 Parking Attendant Estimate 8 Hours 8.00 HR 20.00 HR 160.00
State Fire Marshal State Fire Marshal Estimate Only (Plan Review and/or Site Inspection) 1.00 HR 263.00 HR 263.00
Total: 2,623.00
EXHIBIT A Event Information Summary Facility Rental Total $7,050.00 Estimated Equipment, Reimbursable Personnel and Services Total $4,478.00 Refundable Deposit $1,000.00
Grand Total: $12,528.00
Payment Schedule Payment Schedule Due Date Amount First Payment 03/11/2016 $6,264.00 Second Payment 05/11/2016 $6,264.00
Total: $12,528.00
Payment Total: $12,528.00
Please RemitDRAFT Payment in *Check Only* **ALL PAYMENTS ARE NON-REFUNDABLE**
The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property and its facilities is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
FORM F-31 AGREEMENT NO. R-034-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Roy Englebrecht Promotions hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from February 17 - 18, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Fight Club OC
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $12,549.50
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Roy Englebrecht Promotions 32nd District Agricultural Association P.O. Box 10205 88 Fair Drive Newport Beach, CA 92658 Costa Mesa, CA 92626
By______Date:______By______Date:______
Title: Roy Englebrecht, Owner Title: Michele Richards, V.P. Business Development
EXHIBIT A - February Event Information Event Name: Fight Club OC Contract No: R-034-16 Contact Person: Roy Englebrecht Phone: (949) 760-3131 Event Date: 02/18/2016 Hours: Happy Hour: 5:30 - 7:30PM at Baja Blues Doors: 6:30 PM Admission Prices: Adult: $40.00 - $80.00 Event: 7:30 PM - 9:30 PM
Vehicle Parking Fee: $8.00 General Parking Projected Attendance: 1,200 Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Wednesday The Hangar 02/17/2016 06:00 AM - 11:00 PM Move In 500.00
Thursday The Hangar 02/18/2016 05:30 PM - 09:30 PM Event 2,000.00
Total: 2,500.00 Estimated Equipment Fees Description Date-Time Units Rate Actual BarricadeDRAFT Flat Rate (Delivery & Pick Up Only, No Set Up) TBD EA 200.00 EVT 200.00 Chair (Individual) Estimate 300 300.00 EA 1.00 EA 300.00 Chair (Tied) Estimate 1,000 1,000.00 EA 2.00 EA 2,000.00 Dumpster Estimate 6 6.00 EA 18.00 EA 108.00 Electrical Splitter Box TBD TBD EA 55.00 EA TBD Electrical Usage Rate Flat Rate 1.00 EA 200.00 EVT 200.00 Folding Table (Rectangle) Estimate 2 2.00 EA 15.00 EA 30.00 Forklift Estimate 5 Hours (Suites) 5.00 HR 75.00 HR 375.00 Man Lift Estimate 3 Hours (Banners) 3.00 HR 75.00 HR 225.00 Marquee Board (5 Consecutive Days) TBD TBD 150.00 EVT TBD Portable Electronic Message Board 02/18/2016 2.00 EA 75.00 EA/DAY 150.00 Projector and Screen 02/18/2016 1.00 EA 1,500.00 DAY 1,500.00 Scissor Lift Per Day (Production Only) 2.00 HR 75.00 HR 150.00 Stanchion Per Pole Estimate 32 32.00 EA 1.00 EA 32.00 Sweeper (In-House) Flat Rate 2.00 HR 75.00 HR 150.00 100 Amp Drop As Needed Per Request TBD EA 180.00 EA TBD 200 Amp Drop As Needed Per Request TBD EA 360.00 EA TBD Bleacher As Needed Per Request TBD EA 250.00 EA TBD Cable Ramp As Needed Per Request TBD EA 15.00 EA TBD Internet Line As Needed Per Request TBD EA 50.00 EA/DAY TBD Trussing Unit As Needed Per Request TBD EA 100.00 EA TBD
Total: 5,420.00 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event Operations Set Up Grounds Attendant Estimate 10 Hours 10.00 HR 20.00 HR 200.00 Electrician Estimate 2 Hours 2.00 HR 50.00 HR 100.00
Event Day Grounds Attendant Lead 02/18/2016 05:30 PM - 09:30 PM 1.00 EA 30.00 HR 120.00 Grounds Attendant 02/18/2016 05:30 PM - 09:30 PM 2.00 EA 20.00 HR 160.00 Janitorial Attendant 02/18/2016 05:30 PM - 09:30 PM 2.00 EA 20.00 HR 160.00 Electrician 02/18/2016 05:30 PM - 09:30 PM 1.00 EA 50.00 HR 200.00
Tear Down Grounds Attendant Lead Estimate 5 Hours 5.00 HR 30.00 HR 150.00 Grounds Attendant Estimate 10 Hours 10.00 HR 20.00 HR 200.00 Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Electrician Estimate 2 Hours 2.00 HR 50.00 HR 100.00
Event Sales & Services Event Coordinator 02/18/2016 05:30 PM - 09:30 PM 1.00 EA 40.00 HR 160.00
Parking Parking Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00
EXHIBIT A - February Event Information Safety & Security Security Attendant Lead 02/18/2016 06:15 PM - 10:15 PM 1.00 EA 30.00 HR 120.00 Security Attendant 02/18/2016 04:30 PM - 08:30 PM 2.00 EA 20.00 HR 160.00 Security Attendant 02/18/2016 06:15 PM - 10:15 PM 9.00 EA 20.00 HR 720.00
Technology Technology Attendant Estimate 1 Hour 1.00 HR 40.00 HR 40.00
Outside Services Orange County Sheriff Estimate Only 4.00 EA 760.00 EVT 760.00 Trash Collection & Sweeping Services Estimate Only 1.00 EA 225.00 EVT 225.00 State Fire Marshal Estimate Only (Plan Review and/or Site Inspection) 1.50 HR 263.00 HR 394.50
Total: 4,129.50 Summary Facility Rental Total $2,500.00 EstimatedDRAFT Equipment, Reimbursable Personnel and Services Total $9,549.50 Refundable Deposit $500.00
Grand Total: $12,549.50 Payment Schedule
Payment Schedule Due Date Amount First Payment 02/03/2016 $6,500.00 Second Payment (Balance) 02/10/2016 $6,049.50
Total: $12,549.50
Payment Total: $12,549.50 Please Remit Full Payment in *Check Only* **ALL PAYMENTS ARE NON-REFUNDABLE**
The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
BOXING AND MMA EVENT EXCLUSIVE OCFEC recognizes Roy Englebrecht Promotions as the exclusive Boxing and MMA Event Producer at The Hangar in 2016 (not inclusive of the 2016 OC Fair), and will honor said exclusivity provided that shows as currently booked, on an every other month basis, continue to be staged.
CHAIRS Event Producer will pay a chair rental fee of $2.00 per tied chair and $1.00 per non-tied chair. This will include set up and tear down of chairs by OCFEC staff.
COMPLIMENTARY PARKING PASSES Event Producer will be provided thirty-five (35) complimentary passes and approval for a Pass List of up to sixteen (16) additional people. Complimentary Passes and Pass List together not to exceed fifty-one (51) Complimentary Parking passes. Additional names on the Pass List, above the established limit of fifty-one (51), will be charged to the Event Producer at $3.00 per name.
SUITES & CATERING Event Producer agrees to purchase all food and beverage including alcoholic beverages for each suite area at cost plus ten percent (10%) from Spectra, the OCFEC Master Concessionaire.
V.I.P. PARKING/SEASON PASS HOLDERS 210 V.I.P. parking spaces will be provided for V.I.P. Season Ticket Holders at no charge in the Family Fun Zone parking lot, west of The Hangar. FORM F-31 AGREEMENT NO. R-046-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Roy Englebrecht Promotions hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 15 - 16, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Fight Club OC
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $13,289.50
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Roy Englebrecht Promotions 32nd District Agricultural Association P.O. Box 10205 88 Fair Drive Newport Beach, CA 92658 Costa Mesa, CA 92626
By______By______
Title: Roy Englebrecht, Owner Title: Michele Richards, V.P. Business Development
EXHIBIT A - January Special Edition Event Information Event Name: Fight Club OC Contract No: R-046-16 Contact Person: Roy Englebrecht Phone: (949) 760-3131
Event Date: 01/16/2016 Hours Doors: 5:30 PM
Admission Prices: Adult: $40.00 - $80.00 Event: 6:00 PM - 9:00 PM
Vehicle Parking Fee: $8.00 General Parking Projected Attendance: 1,200 Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Friday The Hangar 01/15/2016 06:00 AM - 11:00 PM Move In 500.00
Saturday The Hangar 01/16/2016 04:30 PM - 09:00 PM Event 2,000.00
Total: 2,500.00 Estimated Equipment Fees Description Date-Time Units Rate Actual Barricade Flat Rate (Delivery & Pick Up Only, No Set Up) TBD EA 200.00 EVT 200.00 Chair (Individual)DRAFT Estimate 300 300.00 EA 1.00 EA 300.00 Chair (Tied) Estimate 1,000 1,000.00 EA 2.00 EA 2,000.00 Dumpster Estimate 6 6.00 EA 18.00 EA 108.00 Electrical Splitter Box TBD TBD EA 55.00 EA TBD Electrical Usage Rate Flat Rate 1.00 EA 500.00 EVT 500.00 Folding Table (Rectangle) Estimate 2 2.00 EA 15.00 EA 30.00 Forklift (No Suites) TBD TBD HR 75.00 HR TBD Man Lift Estimate 3 Hours (Banners) 3.00 HR 75.00 HR 225.00 Marquee Board (5 Consecutive Days) TBD TBD 150.00 EVT TBD Portable Electronic Message Board 01/16/2016 2.00 EA 75.00 EA/DAY 150.00 Projector and Screen 01/16/2016 1.00 EA 1,500.00 DAY 1,500.00 Scissor Lift Per Day (Production Only) 2.00 HR 75.00 HR 150.00 Stanchion Per Pole Estimate 32 32.00 EA 1.00 EA 32.00 Sweeper (In-House) Flat Rate 2.00 HR 75.00 HR 150.00 100 Amp Drop Estimate 1 1.00 EA 180.00 EA 180.00 200 Amp Drop Estimate 1 1.00 EA 360.00 EA 360.00 Bleacher As Needed Per Request TBD EA 250.00 EA TBD Cable Ramp As Needed Per Request TBD EA 15.00 EA TBD Internet Line Flat Rate 1.00 EA 50.00 EA/DAY 50.00 Trussing Unit As Needed Per Request TBD EA 100.00 EA TBD
Total: 5,935.00 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event Operations Set Up Grounds Attendant Estimate 10 Hours 10.00 HR 20.00 HR 200.00 Electrician Estimate 2 Hours 2.00 HR 50.00 HR 100.00
Event Day Grounds Attendant Lead 01/16/2016 04:30 PM - 09:00 PM 1.00 EA 30.00 HR 135.00 Grounds Attendant 01/16/2016 04:30 PM - 09:00 PM 2.00 EA 20.00 HR 180.00 Janitorial Attendant 01/16/2016 04:30 PM - 09:00 PM 2.00 EA 20.00 HR 180.00 Electrician 01/16/2016 04:30 PM - 09:00 PM 1.00 EA 50.00 HR 225.00
Tear Down Grounds Attendant Lead Estimate 5 Hours 5.00 HR 30.00 HR 150.00 Grounds Attendant Estimate 10 Hours 10.00 HR 20.00 HR 200.00 Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Electrician Estimate 2 Hours 2.00 HR 50.00 HR 100.00
Event Sales & Services Event Coordinator 01/16/2016 04:30 PM - 09:00 PM 1.00 EA 40.00 HR 180.00
Parking Parking Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00
EXHIBIT A - January Special Edition Event Information Safety & Security Security Attendant Lead 01/16/2016 05:15 PM - 09:45 PM 1.00 EA 30.00 HR 135.00 Security Attendant 01/16/2016 03:30 PM - 08:00 PM 2.00 EA 20.00 HR 180.00 Security Attendant 01/16/2016 05:15 PM - 09:45 PM 9.00 EA 20.00 HR 810.00
Technology Technology Attendant Estimate 1 Hour 1.00 HR 40.00 HR 40.00
Outside Services Orange County Sheriff Estimate Only 4.00 EA 760.00 EVT 760.00 Trash Collection & Sweeping Services Estimate Only 1.00 EA 225.00 EVT 225.00 State Fire Marshal Estimate Only (Plan Review and/or Site Inspection) 1.50 HR 263.00 HR 394.50
Total: 4,354.50 Summary Facility Rental Total $2,500.00 EstimatedDRAFT Equipment, Reimbursable Personnel and Services Total $10,289.50 Refundable Deposit $500.00
Grand Total: $13,289.50 Payment Schedule
Payment Schedule Due Date Amount First Payment 12/30/2015 $6,500.00 Second Payment (Balance) 01/08/2016 $6,789.50
Total: $13,289.50
Payment Total: $13,289.50 Please Remit Full Payment in *Check Only* **ALL PAYMENTS ARE NON-REFUNDABLE**
The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
CHAIRS Event Producer will pay a chair rental fee of $2.00 per tied chair and $1.00 per non-tied chair. This will include set up and tear down of chairs by OCFEC staff.
COMPLIMENTARY PARKING PASSES Event Producer will be provided thirty-five (35) complimentary passes and approval for a Pass List of up to sixteen (16) additional people. Complimentary Passes and Pass List together not to exceed fifty-one (51) Complimentary Parking passes. Additional names on the Pass List, above the established limit of fifty-one (51), will be charged to the Event Producer at $3.00 per name.
SUITES & CATERING Event Producer agrees to purchase all food and beverage including alcoholic beverages for each suite area at cost plus ten percent (10%) from Spectra, the OCFEC Master Concessionaire.
V.I.P. PARKING/SEASON PASS HOLDERS 210 V.I.P. parking spaces will be provided for V.I.P. Season Ticket Holders at no charge in the Family Fun Zone parking lot, west of The Hangar. FORM F-31 AGREEMENT NO. R-050-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Meagan Manning hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from May 20 - 22, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Peterson Wedding
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $5,668.00
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees, and the Association’s sales agency of record (currently Moor + South/Pier Management, Co., LP, a Delaware Limited Partnership dba Tandem) from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Meagan Manning 32nd District Agricultural Association 6742 Turnergrove Drive 88 Fair Drive Lakewood, CA 90713 Costa Mesa, CA 92626
By______By______
Title: Meagan Manning, Bride Title: Michele A. Richards, V.P. Business Development
EXHIBIT A Event Information Event Name: Peterson Wedding Contract No: R-050-16 Contact Person: Meagan Manning Phone: (562) 972-9551 Event Date: 05/21/2016 Hours: 3:00 PM - 12:00 AM
Vehicle Parking Fee: Private Event (No Parking Fee) Projected Attendance: 150 Facility Rental Fees Facility and/or Area Fees Date -Time Activity Actual Friday Millennium Barn 05/20/2016 06:00 PM - 08:00 PM Rehearsal Included
Saturday Millennium Barn 05/21/2016 10:00 AM - 03:00 PM Move In Included Millennium Barn 05/21/2016 03:00 PM - 12:00 AM Event 900.00 Silo Building (Bridal Suite) 05/21/2016 09:00 AM - 12:00 AM Event 300.00
Sunday Millennium Barn 05/22/2016 06:00 AM - 09:00 AM Move Out Included
-Move outDRAFT must be completed by 9:00 AM on Sunday - May 22, 2016 to avoid additional charges. Total: 1,200.00 Estimated Equipment Fees Description Date-Time Units Rate Actual Barricade TBD TBD EA 15.00 EA TBD Dumpster Estimate 1 1.00 EA 18.00 EA 18.00 Electrical Usage Rate Estimate Only 1.00 EA 250.00 EVT 250.00 Forklift (Bleachers & Straw Bale) Estimate 5 Hours 5.00 HR 75.00 HR 375.00 Man Lift (For Lights) Estimate 5 Hours 5.00 HR 75.00 HR 375.00 Straw Bale Estimate 5 5.00 EA 5.00 EA 25.00 Sweeper (In-House) Estimate 2 Hours 2.00 HR 75.00 HR 150.00
Total: 1,193.00 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event Operations Set Up Grounds Attendant Lead Estimate 10 Hours 10.00 HR 30.00 HR 300.00 Janitorial Attendant Estimate 2 Hours 2.00 HR 20.00 HR 40.00 Electrician Estimate 1 Hour 1.00 HR 50.00 HR 50.00
Event Day Grounds Attendant Lead 05/21/2016 02:00 PM - 12:00 AM 1.00 EA 30.00 HR 300.00 Janitorial Attendant 05/21/2016 02:00 PM - 12:00 AM 2.00 EA 20.00 HR 400.00
Clean Up Grounds Attendant Estimate 10 Hours 10.00 HR 20.00 HR 200.00 Janitorial Attendant Estimate 2 Hours 2.00 HR 20.00 HR 40.00 Electrician Estimate 1 Hour 1.00 HR 50.00 HR 50.00
Event Sales & Services Event Coordinator 05/21/2016 02:00 PM - 12:00 AM 1.00 EA 40.00 HR 400.00
Safety and Security Security Attendant 05/21/2016 02:30 PM - 12:30 AM 3.00 EA 20.00 HR 600.00
Insurance S.E.L.I. Insurance 05/21/2016 1.00 EA 95.00 DAY 95.00 Due to S.E.L.I. coverage expiration, move out must be completed by 9:00 AM on Sunday - May 22, 2016.
Total: 2,475.00
Summary
Facility Rental Total $1,200.00 Estimated Equipment, Reimbursable Personnel and Services Total $3,668.00 Refundable Deposit $800.00
Grand Total: $5,668.00
EXHIBIT A Event Information Payment Schedule Payment Schedule Due Date Amount First Payment - Deposit to Hold Date 01/20/2016 $500.00 Second Payment 02/22/2016 $1,723.00 Third Payment 03/21/2016 $1,723.00 Fourth Payment 04/20/2016 $1,722.00
Total: $5,668.00
Payment Total: $5,668.00
Please Remit Payment in *Check Only* **ALL PAYMENTS ARE NON-REFUNDABLE**
The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property and its facilities is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughoutDRAFT the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
Please see Exhibit “D” for additional information regarding rental of the Millennium Barn.
OVATIONS FOOD SERVICES, L.P. dba Spectra All food and beverage service must be discussed with and approved by Spectra, the OCFEC Master Concessionaire.
SOUND ORDINANCE Per City Ordinance, loud noise is not permitted between the hours of 9:00 PM to 8:00 AM. Please refer to Exhibit E. Should the Event Coordinator request that the volume of music, sound or noise be lowered or turned off, the Peterson Wedding must comply with request. All amplified music/sound must remain inside of the Millennium Barn. The Millennium Barn doors must remain closed after 9:00 PM to contain sound.
______Title: Meagan Manning, Bride Title: Michele A. Richards, V.P. Business Development
FORM F-31 AGREEMENT NO. R-052-16 REVISED DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and The Dave Linden Group, Inc. hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from March 15 - 16, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Orange County’s Largest Mixer
4. Rentor agreesDRAFT to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below:
$4,525.00 In-Kind Trade $7,427.00 Payment
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees, from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
The Dave Linden Group, Inc. 32nd District Agricultural Association 578 Washington Boulevard, #680 88 Fair Drive Marina Del Rey, CA 90292 Costa Mesa, CA 92626
By______Date:______By______Date:______
Title: David Linden, Promoter Title: Michele A. Richards, V.P. Business Development
RULES AND REGULATIONS GOVERNING RENTAL SPACE EXHIBIT A Event Information Event Name: Orange County’s Largest Mixer Contract No: R-052-16 REVISED
Contact Person: David Linden Phone: (310) 862-2878 Event Dates: 03/16/2016 Hours: 5:00 PM - 9:00 PM
Admission Price: Adult: $20.00
Vehicle Parking Fee: $8.00 General Parking Projected Attendance: 2,000 Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Tuesday Costa Mesa Building (#10) 03/15/2016 06:00 AM - 10:00 PM Move In In-Kind Trade: 2,050.00* ¼ Santa Ana Pavilion (POP) 03/15/2016 06:00 AM - 10:00 PM Move In In-Kind Trade: 212.50*
Wednesday Costa Mesa Building (#10) 03/16/2016 05:00 PM - 09:00 PM Event 2,050.00 Costa Mesa Building (#10) 03/16/2016 05:00 PM - 09:00 PM Event In-Kind Trade: 2,050.00* ¼ Santa Ana Pavilion (POP) 03/16/2016 05:00 PM - 09:00 PM Event 212.50 ¼ Santa Ana Pavilion (POP) 03/16/2016 05:00 PM - 09:00 PM Event In-Kind Trade: 212.50* DRAFT In-Kind Trade Total = $4,525.00 *See In-Kind Trade details under payment schedule (includes facility rental at ½ rate on Event Day) -Move out must be completed by 11:59 PM on Wednesday - March 16, 2016 to avoid additional charges. Total: 2,262.50 Estimated Equipment Fees Description Date-Time Units Rate Actual Barricade TBD TBD EA 15.00 EA TBD Concrete Base TBD TBD EA 15.00 EA TBD Dumpster Estimate 20 20.00 EA 18.00 EA 360.00 Electrical Splitter Box Estimate 2 2.00 EA 55.00 EA 110.00 Electrical Usage Rate Estimate Only 1.00 EA 450.00 EVT 450.00 Forklift TBD TBD HR 75.00 HR TBD Portable Electronic Message Board 03/16/2016 2.00 EA 75.00 EA/DAY 150.00 Scissor Lift TBD (Based on Electrical Layout) TBD HR 75.00 HR TBD Sweeper (In-House) Estimate 6 Hours 6.00 HR 75.00 HR 450.00
Total: 1,520.00 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event Operations Set Up Grounds Attendant Lead Estimate 5 Hours 5.00 HR 30.00 HR 150.00 Grounds Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Electrician Estimate 1 Hour 1.00 HR 50.00 HR 50.00
Event Day Grounds Attendant Lead 03/16/2016 04:00 PM - 10:00 PM 1.00 EA 30.00 HR 180.00 Grounds Attendant 03/16/2016 04:00 PM - 10:00 PM 2.00 EA 20.00 HR 240.00 Janitorial Attendant 03/16/2016 04:00 PM - 10:00 PM 3.00 EA 20.00 HR 360.00
Clean Up Grounds Attendant Lead Estimate 4 Hours 4.00 HR 30.00 HR 120.00 Grounds Attendant Estimate 5 Hours 5.00 HR 20.00 HR 100.00 Janitorial Attendant Estimate 8 Hours 8.00 HR 20.00 HR 160.00 Electrician Estimate 1 Hour 1.00 HR 50.00 HR 50.00
Event Sales & Services Event Coordinator 03/16/2016 04:00 PM - 10:00 PM 1.00 EA 40.00 HR 240.00
Parking Set Up Parking Attendant Lead 03/16/2016 11:00 AM - 03:00 PM 1.00 EA 30.00 HR 120.00 Parking Attendant 03/16/2016 11:00 AM - 03:00 PM 2.00 EA 20.00 HR 160.00
Safety & Security Security Attendant 03/16/2016 04:30 PM - 09:30 PM 2.00 EA 20.00 HR 200.00 (Security based on 2015 event) EXHIBIT A Event Information
Technology Technology Attendant Estimate 1 Hour 1.00 HR 40.00 HR 40.00
Outside Services State Fire Marshal Estimate Only (Plan Review and/or Site Inspection) 1.50 HR 263.00 HR 394.50
Total: 2,644.50
Summary OCFEC In-Kind Trade: Facility Rental Total $4,525.00 In-Kind Trade Total: $4,525.00
Facility Rental Total $2,262.50 Estimated Equipment, Reimbursable Personnel and Services Total $4,164.50 Refundable Deposit $1,000.00
DRAFTGrand Total: $7,427.00
Payment Schedule Payment Schedule Due Date Amount First Payment 02/03/2016 $1,000.00 Second Payment 02/17/2016 $3,213.50 Third Payment 03/02/2016 $3,213.50
Total: $7,427.00
Payment Total: $7,427.00 Please Remit Payment in *Check Only* **ALL PAYMENTS ARE NON-REFUNDABLE**
The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property and its facilities is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
OCFEC In-Kind Trade: Facility Rental Total $4,525.00 In-Kind Trade Total: $4,525.00
In exchange for above outlined $5,800.00 In-Kind Trade, it has been mutually agreed that The Dave Linden Group, Inc. will provide trade to OCFEC as follows:
Time of event opportunities:
1. Booth space at Orange County’s Largest Mixer 2. Full page ad in the event directory 3. Opportunity for a bag insert 4. Opportunity for booth space at other 2016 Largest Mixer events
EXHIBIT A Event Information
Official event location “OC Fair & Event Center” inclusion/presentation in all following advertising mediums:
1. Daily Pilot: Print Ads 2. El Aviso: Print Ads 3. ESPN Radio: Radio Ads 4. KRLA: Radio Ads 5. La Opinion: Newspaper Ads 6. KDOC TV: TV Ads 7. Newport Independent: Newspaper Ads 8. Thirty (30) Orange County Area Chambers of Commerce --- OCFEC logo on event flyers sent to their members 9. El Clasificado: Newspaper Ads 10. Logo on Orange County’s Largest Mixer event website 11.DRAFT Mailing list of event attendees 12. Social Media Inclusion (Promotional Collaboration)
By______Date:______By______Date:______
Title: David Linden, Promoter Title: Michele A. Richards, V. P. Business Development
FORM F-31 AGREEMENT NO. R-056-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Ultimate Trade Shows & Events, Inc. hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from February 26 - 29, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
The 39th Annual OC Home & Garden Show
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $22,500.50
5. Please see Exhibits “A” “B” “C” “D” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Ultimate Trade Shows & Events, Inc. 32nd District Agricultural Association P.O. Box 986 88 Fair Drive Riverton, UT 84065 Costa Mesa, CA 92626
By______Date______By______Date______
Title: Sylvia Andersen, Promoter Title: Michele A. Richards, V.P. Business Development
EXHIBIT A Event Information Event Name: The 39th Annual OC Home & Garden Show Contract No: R-056-16 Contact Person: Sylvia Andersen Phone: (801) 599-6664 Event Dates: 02/27/2016 - 02/28/2016 Hours: Saturday: 10:00 AM - 7:00 PM Sunday: 10:00 AM - 5:00 PM Admission Price: Adult: $6.00 Senior (60+): $4.00 Child: 12 & Under Free
Vehicle Parking Fee: $7.00 General Parking Projected Attendance: 3,000 Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Friday Anaheim Building (#16) 02/26/2016 09:00 AM - 09:00 PM Move In 1,000.00 Los Alamitos Building (#14) 02/26/2016 09:00 AM - 09:00 PM Move In 1,350.00
Saturday Anaheim Building (#16) 02/27/2016 10:00 AM - 07:00 PM Event 2,000.00 Los Alamitos Building (#14) 02/27/2016 10:00 AM - 07:00 PM Event 2,700.00
Sunday DRAFT Anaheim Building (#16) 02/28/2016 10:00 AM - 05:00 PM Event 2,000.00 Los Alamitos Building (#14) 02/28/2016 10:00 AM - 05:00 PM Event 2,700.00
Monday Anaheim Building (#16) 02/29/2016 06:00 AM - 12:00 PM Move Out Included Los Alamitos Building (#14) 02/29/2016 06:00 AM - 12:00 PM Move Out Included
-Move out must be completed by 12:00 Noon on Monday - February 29, 2016 to avoid additional charges. Total: 11,750.00 Estimated Equipment Fees Description Date-Time Units Rate Actual 20 Amp Drop Estimate 10 10.00 EA 25.00 EA 250.00 50 Amp Drop Estimate 8 8.00 EA 70.00 EA 560.00 Chair (Individual) Estimate 2 2.00 EA 2.50 EA 5.00 Dumpster Estimate 7 7.00 EA 18.00 EA 126.00 Electrical Splitter Box Estimate 1 1.00 EA 55.00 EA 55.00 Electrical Usage Rate Estimate Only 1.00 EA 1,000.00 EVT 1,000.00 Folding Table Estimate 1 1.00 EA 15.00 EA 15.00 Forklift Estimate 5 Hours 5.00 HR 75.00 HR 375.00 Man Lift Estimate 5 Hours 5.00 HR 75.00 HR 375.00 Marquee Board (7 Consecutive Days) 02/22/2016 - 02/28/2016 1.00 WK 450.00 WK Included Picnic Table (Rectangular) Estimate 1 1.00 EA 15.00 EA 15.00 Portable Electronic Message Board 02/27/2016 - 02/28/2016 2.00 EA 75.00 EA/DAY 300.00 Public Address System (Per Building) 02/27/2016 - 02/28/2016 2.00 EA 75.00 EA/DAY 300.00 Scissor Lift Estimate 4 Hours 4.00 HR 75.00 HR 300.00 Sweeper (In-House) Estimate 4 Hours 4.00 HR 75.00 HR 300.00 Ticket Booth (Double Window) Estimate 1 1.00 EA 100.00 EVT 100.00
Total: 4,076.00 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event Operations Set Up Grounds Attendant Estimate 5 Hours 5.00 HR 20.00 HR 100.00 Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Electrician Estimate 3 Hours 3.00 HR 50.00 HR 150.00
Event Days Grounds Attendant Lead 02/27/2016 09:00 AM - 07:00 PM 1.00 EA 30.00 HR 300.00 Grounds Attendant 02/27/2016 09:00 AM - 07:00 PM 1.00 EA 20.00 HR 200.00 Janitorial Attendant 02/27/2016 09:00 AM - 07:00 PM 2.00 EA 20.00 HR 400.00 Electrician 02/27/2016 09:00 AM - 07:00 PM 1.00 EA 50.00 HR 500.00
Grounds Attendant Lead 02/28/2016 09:00 AM - 05:00 PM 1.00 EA 30.00 HR 240.00 Grounds Attendant 02/28/2016 09:00 AM - 05:00 PM 1.00 EA 20.00 HR 160.00 Janitorial Attendant 02/28/2016 09:00 AM - 05:00 PM 2.00 EA 20.00 HR 320.00 EXHIBIT A Event Information Electrician 02/28/2016 09:00 AM - 05:00 PM 1.00 EA 50.00 HR 400.00
Clean Up Grounds Attendant Lead Estimate 5 Hours 5.00 HR 30.00 HR 150.00 Grounds Attendant Estimate 5 Hours 5.00 HR 20.00 HR 100.00 Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Electrician Estimate 3 Hours 3.00 HR 50.00 HR 150.00
Event Sales & Services Event Coordinator 02/27/2016 09:00 AM - 07:00 PM 1.00 EA 40.00 HR 400.00 Event Coordinator 02/28/2016 09:00 AM - 05:00 PM 1.00 EA 40.00 HR 320.00
Parking Parking Attendant Lead 02/26/2015 08:00 AM - 05:00 PM 1.00 EA 30.00 HR 270.00 Parking Attendant 02/26/2015 08:00 AM - 05:00 PM 2.00 EA 20.00 HR 360.00
Technology TechnologyDRAFT Attendant Flat Fee (Audio Configuration) 1.00 EA 100.00 EVT 100.00
Outside Services State Fire Marshal Estimate Only (Plan Review and/or Site Inspection) 1.50 HR 263.00 HR 394.50
Total: 5,174.50
Summary Facility Rental Total $11,750.00 Estimated Equipment, Reimbursable Personnel and Services Total $9,250.50 Refundable Deposit $1,500.00
Grand Total: $22,500.50
Payment Schedule Payment Schedule Due Date Amount First Payment 01/22/2016 $11,250.25 Second Payment 02/12/2016 $11,250.25
Total: $22,500.50
Payment Total: $22,500.50
Please Remit Payment in *Check Only* **ALL PAYMENTS ARE NON-REFUNDABLE**
The OC Fair & Event Center is excited to announce that the implementation of a 10-year master plan for the fairgrounds property and its facilities is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
OVATIONS FOOD SERVICES, L.P. dba SPECTRA All food and beverage service must be discussed with and approved by Spectra, the OCFEC Master Concessionaire.
PAYMENTS Ultimate Trade Shows & Events, Inc. agrees to make on time payments as specified in above payment schedule. FORM F-31 AGREEMENT NO. R-062-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Japan Karate Federation Inc. dba Shito-Ryu Karate-Do Genbu-Kai hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from February 20 - 21, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Goodwill Tournament
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $14,478.50
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees, and the Association’s sales agency of record (currently Moor + South/Pier Management, Co., LP, a Delaware Limited Partnership dba Tandem) from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Japan Karate Fedration Inc. dba 32nd District Agricultural Association Shito-Ryu Karate-Do Genbu-Kai 88 Fair Drive 1429 North Bristol Street Costa Mesa, CA 92626 Santa Ana, CA 92706 By______By______
Title: Fumio Demura, President and Chairman Title: Michele A. Richards, V.P. Business Development
EXHIBIT A Event Information Event Name: Goodwill Tournament Contract No: R-062-16 Contact Person: Susan Nakamura Phone: (949) 823-7751 Event Date: 02/20/2016 - 02/21/2016 Hours: Saturday: 9:00 AM - 8:00 PM Sunday: 9:00 AM - 6:00 PM Admission Price: Adult: $5.00 Child (3-11): $3.00
Vehicle Parking Fee: $8.00 General Parking Projected Attendance: 800 Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Saturday Huntington Beach Building (#12) 02/20/2016 06:00 AM - 09:00 AM Move In Included Huntington Beach Building (#12) 02/20/2016 09:00 AM - 08:00 PM Event 3,100.00
Sunday Huntington Beach Building (#12) 02/21/2016 09:00 AM - 06:00 PM Event 3,100.00
-Move out must be complete by 11:59 PM on Sunday - February 21, 2016 to avoid additional charges. Total: 6,200.00 DRAFTEstimated Equipment Fees Description Date-Time Units Rate Actual Barricades TBD TBD EA 15.00 EA TBD Bleachers (50 Seat Section) Estimate 4 4.00 EA 125.00 EA 500.00 Dumpster Estimate 8 8.00 EA 18.00 EA 144.00 Electrical Splitter Boxes TBD TBD EA 55.00 EA TBD Electrical Usage Rate Estimate Only 1.00 EA 700.00 EVT 700.00 Forklift Estimate 4 Hours 4.00 HR 75.00 HR 300.00 Hang Tag - 2 Day TBD TBD EA 8.00 EA TBD Man Lift (Banners) TBD TBD HR 75.00 HR TBD Portable Electronic Message Board 02/20/2016 - 02/21/2016 2.00 EA 75.00 EA/DAY 300.00 Scissor Lift TBD TBD HR 75.00 HR TBD Sweeper (In-House) Estimate 2 Hours 2.00 HR 75.00 HR 150.00
Total: 2,094.00 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event Operations Set Up Grounds Attendant Lead Estimate 5 Hours 5.00 HR 30.00 HR 150.00 Grounds Attendant Estimate 5 Hours 5.00 HR 20.00 HR 100.00 Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Electrician Estimate 1 Hour 1.00 HR 50.00 HR 50.00
Event Days Grounds Attendant Lead 02/20/2016 08:00 AM - 08:00 PM 1.00 EA 30.00 HR 360.00 Grounds Attendant 02/20/2016 08:00 AM - 08:00 PM 1.00 EA 20.00 HR 240.00 Janitorial Attendant 02/20/2016 08:00 AM - 08:00 PM 2.00 EA 20.00 HR 480.00
Grounds Attendant Lead 02/21/2016 08:00 AM - 06:00 PM 1.00 EA 30.00 HR 300.00 Grounds Attendant 02/21/2016 08:00 AM - 06:00 PM 1.00 EA 20.00 HR 200.00 Janitorial Attendant 02/21/2016 08:00 AM - 06:00 PM 2.00 EA 20.00 HR 400.00
Clean Up Grounds Attendant Lead Estimate 4 Hours 4.00 HR 30.00 HR 120.00 Grounds Attendant Estimate 5 Hours 5.00 HR 20.00 HR 100.00 Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Electrician Estimate 1 Hour 1.00 HR 50.00 HR 50.00
Event Sales & Services Event Coordinator 02/20/2016 08:00 AM - 08:00 PM 1.00 EA 40.00 HR 480.00 Event Coordinator 02/21/2016 08:00 AM - 06:00 PM 1.00 EA 40.00 HR 400.00
Parking Parking Attendant Lead Estimate 4 Hours 4.00 HR 30.00 HR 120.00 Parking Attendant Estimate 8 Hours 8.00 HR 20.00 HR 160.00 EXHIBIT A Event Information Outside Services Emergency Medical Services 02/20/2016 08:00 AM - 08:30 PM 2.00 EA 20.00 HR 500.00 Emergency Medical Services 02/21/2016 08:00 AM - 06:30 PM 2.00 EA 20.00 HR 420.00 State Fire Marshal Estimate Only (Plan Review and/or Site Inspection) 1.50 HR 263.00 HR 394.50
Total: 5,184.50
Summary Facility Rental Total $6,200.00 Estimated Equipment, Reimbursable Personnel and Services Total $7,278.50 Refundable Deposit $1,000.00
Grand Total: $14,478.50
DRAFTPayment Schedule Payment Schedule Due Date Amount First Payment - (25% of Facility Fee) Upon Signing $1,550.00 Second Payment 01/29/2016 $12,928.50
Total: $14,478.50
Payment Total: $14,478.50
Please Remit Payment in *Check or Credit Card* **Any check payment received less than 30 days prior to move-in must be a certified or cashier’s check.** ***ALL PAYMENTS ARE NON-REFUNDABLE***
The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property and its facilities is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
OVATIONS FOOD SERVICES, L.P. dba SPECTRA All food and beverage service must be discussed with and approved by Spectra, the OCFEC Master Concessionaire.
FORM F-31 AGREEMENT NO. R-064-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Rusty Barn Promotion Group Inc. hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from September 28 - October 2, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Quilt, Craft and Sewing Festival
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below:
DRAFT$20,654.50
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Rusty Barn Promotion Group Inc. 32nd District Agricultural Association 2022 South 2100 East, Suite 201 88 Fair Drive Salt Lake City, UT 84108 Costa Mesa, CA 92626
By______By______
Title: Chris Butler, President Title: Michele A. Richards, V.P. Business Development
RULES AND REGULATIONS GOVERNING RENTAL SPACE
EXHIBIT A Event Information Event Name: Quilt, Craft and Sewing Festival Contract No: R-064-16 Contact Person: Chris Butler Phone: (800) 717-8789 Event Dates: 09/29/2016 -10/01/2016 Hours: Thursday: 10:00 AM - 5:00 PM Friday: 10:00 AM - 5:00 PM
Admission Price: $10.00 or Free with Coupon/Postcard Saturday: 10:00 AM - 4:00 PM
Vehicle Parking Fee: $8.00 General Parking Projected Attendance: 2,700 Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Wednesday The Hangar 09/28/2016 06:00 AM - 11:00 PM Move In 1,650.00
Thursday The Hangar 09/29/2016 10:00 AM - 05:00 PM Event 3,300.00
Friday The Hangar 09/30/2016 10:00 AM - 05:00 PM Event 3,300.00
SaturdayDRAFT The Hangar 10/01/2016 10:00 AM - 04:00 PM Event 3,300.00
Sunday The Hangar 10/02/2016 06:00 AM - 12:00 PM Move Out No Charge
-Move out must be completed by 12:00 Noon on Sunday - October 2, 2016 to avoid additional charges. Total: 11,550.00 Estimated Equipment Fees Description Date-Time Units Rate Actual 50 Amp Drop TBD TBD EA 70.00 EA TBD Dumpster Estimate 20 20.00 EA 18.00 EA 360.00 Electrical Splitter Box TBD TBD EA 55.00 EA TBD Electrical Usage Rate Estimate Only 1.00 EA 900.00 EVT 900.00 Hang Tag - 3 Day Estimate 40 40.00 EA 12.00 EA 480.00 Portable Electronic Message Board 09/29/2016 - 10/01/2016 2.00 EA 75.00 EA/DAY 450.00 Projector (12,000 Lumens) TBD TBD EA 3,000.00 EA/DAY TBD Projector Screen in Hangar TBD TBD EA 300.00 EA/DAY TBD Public Address System (Per Building) 09/29/2016 - 10/01/2016 1.00 EA 75.00 EA/DAY 225.00 Scissor Lift TBD (Based on Electrical Layout) TBD HR 75.00 HR TBD Sweeper (In-House) Estimate 5 Hours 5.00 HR 75.00 HR 375.00
Total: 2,790.00 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event Operations Set Up Grounds Attendant Estimate 8 Hours 8.00 HR 20.00 HR 160.00 Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Electrician Estimate 2 Hours 2.00 HR 50.00 HR 100.00
Event Day Grounds Attendant Lead 09/29/2016 09:00 AM - 05:00 PM 1.00 EA 30.00 HR 240.00 Grounds Attendant 09/29/2016 09:00 AM - 05:00 PM 1.00 EA 20.00 HR 160.00 Janitorial Attendant 09/29/2016 09:00 AM - 05:00 PM 2.00 EA 20.00 HR 320.00
Grounds Attendant Lead 09/30/2016 09:00 AM - 05:00 PM 1.00 EA 30.00 HR 240.00 Grounds Attendant 09/30/2016 09:00 AM - 05:00 PM 1.00 EA 20.00 HR 160.00 Janitorial Attendant 09/30/2016 09:00 AM - 05:00 PM 2.00 EA 20.00 HR 320.00
Grounds Attendant Lead 10/01/2016 09:00 AM - 04:00 PM 1.00 EA 30.00 HR 210.00 Grounds Attendant 10/01/2016 09:00 AM - 04:00 PM 1.00 EA 20.00 HR 140.00 Janitorial Attendant 10/01/2016 09:00 AM - 04:00 PM 2.00 EA 20.00 HR 280.00
EXHIBIT A Event Information Clean Up Grounds Attendant Lead Estimate 5 Hours 5.00 HR 30.00 HR 150.00 Grounds Attendant Estimate 5 Hours 5.00 HR 20.00 HR 100.00 Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00 Electrician Estimate 2 Hours 2.00 HR 50.00 HR 100.00
Event Sales & Services Event Coordinator 09/29/2016 09:00 AM - 05:00 PM 1.00 EA 40.00 HR 320.00 Event Coordinator 09/30/2016 09:00 AM - 05:00 PM 1.00 EA 40.00 HR 320.00 Event Coordinator 10/01/2016 09:00 AM - 04:00 PM 1.00 EA 40.00 HR 280.00
Parking Parking Attendant Lead 09/28/2016 Estimate 8 Hours 8.00 HR 30.00 HR 240.00 Parking Attendant 09/28/2016 Estimate 16 Hours 16.00 HR 20.00 HR 320.00
Technology Technology Attendant Flat Fee (Audio Configuration) 1.00 EA 100.00 EVT 100.00
Outside DRAFTServices State Fire Marshal Estimate Only (Plan Review and/or Site Inspection) 1.50 HR 263.00 HR 394.50
Total: 4,814.50
Summary Facility Rental Total $11,550.00 Estimated Equipment, Reimbursable Personnel and Services Total $7,604.50 Refundable Deposit $1,500.00
Grand Total: $20,654.50
Payment Schedule Payment Schedule Due Date Amount First Payment 01/29/2016 $1,500.00 Second Payment 04/05/2016 $6,384.50 Third Payment 06/02/2016 $6,385.00 Fourth Payment 08/30/2016 $6,385.00
Total: $20,654.50
Payment Total: $20,654.50
Please Remit Payment in *Check Only* **ALL PAYMENTS ARE NON-REFUNDABLE**
The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property and its facilities is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
FORM F-31 AGREEMENT NO. R-066-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Susan Baron hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from February 6, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Camille’s Sweet 16
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $1,588.00
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees, and the Association’s sales agency of record (currently Moor + South/Pier Management, Co., LP, a Delaware Limited Partnership dba Tandem) from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Susan Baron 32nd District Agricultural Association 2145 Aster Place 88 Fair Drive Costa Mesa, CA 92627 Costa Mesa, CA 92626
By______Date______By______Date______
Title: Barry Brown, Treasurer Title: Michele A. Richards, V.P. Business Development
EXHIBIT A Event Information Event Name: Camille’s Sweet 16 Contract No: R-066-16 Contact Person: Barry Brown Phone: (949) 436-8539 Event Date: 02/06/2016 Hours: 5:00 PM - 9:00 PM
Vehicle Parking Fee: Private Event (No Parking Fee) Projected Attendance: 25 - 50 Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Saturday Baja Blues Restaurant 02/06/2016 09:00 AM - 04:30 PM Move In Included Baja Blues Restaurant 02/06/2016 05:00 PM - 09:00 PM Event 700.00
-Move out must be completed by 11:59 PM on Saturday - February 6, 2016 to avoid additional charges. Total: 700.00 Estimated Equipment Fees Description Date-Time Units Rate Actual Dumpster Estimate 1 1.00 EA 18.00 EA 18.00 Electrical Splitter Box Estimate TBD TBD EA 55.00 EA TBD Electrical Usage Rate Estimate Only 1.00 EA 200.00 EVT 200.00 Straw BaleDRAFT (Purchase) Estimate TBD TBD EA 11.00 EA TBD
Total: 218.00 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event Operations Event Day Janitorial Attendant 02/06/2016 04:00 PM - 09:00 PM 1.00 EA 20.00 HR 100.00
Clean Up Grounds Attendant Estimate 1 Hour 1.00 HR 20.00 HR 20.00 Janitorial Attendant Estimate 2 Hours 2.00 HR 20.00 HR 40.00
Event Sales & Services Event Coordinator 02/06/2016 04:00 PM - 09:00 PM 1.00 EA 40.00 HR 200.00
Safety and Security Security Attendant 02/06/2016 04:30 PM - 09:30 PM 1.00 EA 20.00 HR 100.00
Insurance S.E.L.I. Insurance 02/06/2016 1.00 DAY 60.00 DAY 60.00 Due to S.E.L.I. coverage expiration, move out must be completed by 11:59 PM on Saturday - February 6, 2016. Total: 520.00 Summary Facility Rental Total $700.00 Estimated Equipment, Reimbursable Personnel and Services Total $738.00 Refundable Deposit $150.00
Grand Total: $1,588.00
Payment Schedule Payment Schedule Due Date Amount First Payment - (25% of Facility Fee) Upon Signing $175.00 Second Payment 01/29/2016 $1,413.00
Total: $1,588.00
Payment Total: $1,588.00
Please Remit Payment in *Check or Credit Card* **Any check payment received less than 30 days prior to move-in must be a certified or cashier’s check. ** **ALL PAYMENTS ARE NON-REFUNDABLE**
EXHIBIT A Event Information The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property and its facilities is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
ADDITIONAL INSURANCE REQUIREMENT (AMUSEMENT RIDES) Coverage and proof of insurance is required for all amusement rides and mechanical bulls. Insurance certificates, DOSH Applications and copies of A-Permits must be submitted to the Event Coordinator two (2) weeks prior to the event date. A Two Million Dollars ($2,000,000) minimum coverage per occurrence is required.
AMUSEMENT RIDE INSPECTOR An onsite ride inspector is required to inspect all amusement rides and hazardous and/or interactive activities during ride/activity setup and throughout the event. Additional costs to be determined.
OVATIONS FOOD SERVICES, L.P. dba SPECTRA All foodDRAFT and beverage service must be discussed with and approved by Spectra, the OCFEC Master Concessionaire. FORM F-31 AGREEMENT NO. R-069-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Sound Media Fusion, LLC hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 18 - 19, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Sound Testing
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $1,657.50
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Sound Media Fusion, LLC 32nd District Agricultural Association 16524 Arminta Street 88 Fair Drive Van Nuys, CA 91406 Costa Mesa, CA 92626
By______Date______By______Date______
Title: Gary Hardesty, Chief Executive Officer Title: Michele A. Richards, V.P. Business Development
EXHIBIT A Event Information Event Name: Sound Testing Contract No: R-069-16 Contact Person: Gary Hardesty Phone: (818) 482-0193 Event Date: 01/18/2016 - 01/19/2016 Hours: Monday: 12:00 PM - 6:00 PM Tuesday: 9:00 AM - 5:00 PM
Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Monday Plaza Pacifica Lobby 01/18/2016 12:00 PM - 06:00 PM Event 828.75
Tuesday Plaza Pacifica Lobby 01/19/2016 09:00 AM - 05:00 PM Event 828.75
Total: 1,657.50 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event OperationsDRAFT Total: 0.00
Summary Facility Rental Total $1,657.50 Estimated Equipment, Reimbursable Personnel and Services Total $0.00
Grand Total: $1,657.50
Payment Schedule Payment Schedule Due Date Amount First Payment 01/18/2016 $1,657.50
Total: $1,657.50
Payment Total: $1,657.50 Please Remit Payment in *Check Only* **ALL PAYMENTS ARE NON-REFUNDABLE**
The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property and its facilities is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
FORM F-31 AGREEMENT NO. R-078-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and M GymKhana hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 30, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
MGX Day Session
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT $1,608.00
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees, and the Association’s sales agency of record (currently Moor + South/Pier Management, Co., LP, a Delaware Limited Partnership dba Tandem) from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
M GymKhana 32nd District Agricultural Association 3362 Holly Grove Street 88 Fair Drive West Lake Village, CA 91362 Costa Mesa, CA 92626
By______Date:______By______Date:______
Title: James Bush, Owner/Founder Title: Michele A. Richards, V.P. Business Development
EXHIBIT A Event Information Event Name: MGX Day Session Contract No: R-078-16 Contact Person: James Bush Phone: (818) 640-3116 Event Dates: 01/30/2016 Hours: Saturday: 9:30 AM - 5:00 PM
Admission: Adult: $75.00 - $100.00 Vehicle Parking Fee: $8.00 General Parking Projected Attendance: 30 Facility Rental Fees Facility and/or Area Fees Date-Time Activity Actual Sunday ¼ Lot G 01/30/2016 09:30 AM - 05:00 PM Event 450.00
-Move out must be completed by 11:59 PM on Saturday - January 30, 2016 to avoid additional charges. Total: 450.00 Estimated Equipment Fees Description Date-Time Units Rate Actual Dumpster Estimate 1 1.00 EA 18.00 EA 18.00
DRAFT Total: 18.00 Reimbursable Personnel Fees Description Date-Time Units Rate Actual Event Operations Event Day Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00
Clean Up Grounds Attendant Lead Estimate 2 Hours 2.00 HR 30.00 HR 60.00 Janitorial Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00
Event Sales & Services Event Coordinator 01/30/2016 08:30 AM - 05:00 PM 1.00 EA 40.00 HR 340.00
Parking Parking Attendant Estimate 4 Hours 4.00 HR 20.00 HR 80.00
Total: 640.00 Summary Facility Rental Total $450.00 Estimated Equipment, Reimbursable Personnel and Services Total $658.00 Refundable Deposit $500.00
Grand Total: $1,608.00
Payment Schedule Due Date Amount First Payment 01/28/2016 $1,608.00
Total: $1,608.00
Payment Total: $1,608.00
Please Remit Payment in *Check or Credit Card* **Any check payment received less than 30 days prior to move-in must be a certified or cashier’s check.** ***ALL PAYMENTS ARE NON-REFUNDABLE***
The OC Fair & Event Center is excited to announce that implementation of a 10-year master plan for the fairgrounds property and its facilities is in progress. Implementation of the Master Plan may require construction to take place simultaneously during your event. It is strongly recommended to stay in regular contact with your event coordinator throughout the entire planning process of your event to ensure you are aware of the details of these construction projects and how they may affect your event.
FORM F-31 AGREEMENT NO. FT-003-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
THIS AGREEMENT by and between the 32nd District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Waffle-icious, LLC hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Waffle-icious
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Waffle-icious, LLC 32nd District Agricultural Association 16611 Busby Lane 88 Fair Drive Huntington Beach, CA 92647 Costa Mesa, CA 92626
By______By______
Title: Michael Bonfa Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-003-16 DATED: February 14, 2016 WITH: Waffle-icious PHONE: (714) 914-9486 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
That payment is due at the start of the event.
That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
To stock ice as needed. The OC Fair & Event Center does not provide ice.
To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-005-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Martin Tse dba Dogzilla Hotdogs hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Dogzilla Hotdogs
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Martin Tse dba Dogzilla Hotdogs 32nd District Agricultural Association 3400 Avenue of the Arts, E209 88 Fair Drive Costa Mesa, CA 92626 Costa Mesa, CA 92626
By______By______
Title: Martin Tse Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-005-16 DATED: February 14, 2016 WITH: Dogzilla Hotdogs PHONE: (714) 805-8857 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-011-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Brats Berlin, Inc. dba Crepes Bonaparte hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Crepes Bonaparte
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Brats Berlin, Inc. dba Crepes Bonaparte 32nd District Agricultural Association P.O. Box 26066 88 Fair Drive Anaheim, CA 92825 Costa Mesa, CA 92626
By______By______
Title: Danielle Murcia Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-011-16 DATED: February 14, 2016 WITH: Crepes Bonaparte PHONE: (714) 595-9995 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-013-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Me So Hungry LLC hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Me So Hungry
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Me So Hungry LLC 32nd District Agricultural Association 1471 West Lambert Road 88 Fair Drive La Habra, CA 90631 Costa Mesa, CA 92626
By______By______
Title: Michael Harrold Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-013-16 DATED: February 14, 2016 WITH: Me So Hungry PHONE: (714) 390-2263 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-015-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and TJ's Wood Fire Pizza LLC hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
TJ's Wood Fire Pizza
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
TJ's Wood Fire Pizza LLC 32nd District Agricultural Association 6 Wood Barn Road 88 Fair Drive Ladera Ranch, CA 92694 Costa Mesa, CA 92626
By______By______
Title: Tim Gonzales Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-015-16 DATED: February 14, 2016 WITH: TJ's Wood Fire Pizza PHONE: (949) 697-9311 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-017-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and The Cut LLC hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
The Cut Handcrafted Burgers
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
The Cut LLC 32nd District Agricultural Association 20211 Spruce Avenue 88 Fair Drive Newport Beach, CA 92660 Costa Mesa, CA 92626
By______By______
Title: Steve Kim Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-017-16 DATED: February 14, 2016 WITH: The Cut Handcrafted Burgers PHONE: (949) 877-4707 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-019-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Philosopher Food LLC dba Falasophy hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Falasophy
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Philosopher Food LLC dba Falasophy 32nd District Agricultural Association 178 Brandywyne Terrace 88 Fair Drive Costa Mesa, CA 92627 Costa Mesa, CA 92626
By______By______
Title: Rashad Moumneh Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-019-16 DATED: February 14, 2016 WITH: Falasophy PHONE: (949) 295-5319 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-021-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Pratioto Grp Inc. hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Jogasaki Burrito
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Pratioto Grp Inc. 32nd District Agricultural Association 25627 ¾ Eshelman Avenue 88 Fair Drive Lomita, CA 90717 Costa Mesa, CA 92626
By______By______
Title: Michael Harrold Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-021-16 DATED: February 14, 2016 WITH: Jogasaki Burrito PHONE: (310) 601-0910 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-027-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Rajin Cajunon Wheels hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Ragin Cajun
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Rajin Cajuon Wheels 32nd District Agricultural Association 2100 Artesia Boulevard, #880 88 Fair Drive Redondo Beach, CA 90278 Costa Mesa, CA 92626
By______By______
Title: Stephen Domingue Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-027-16 DATED: February 14, 2016 WITH: Ragin Cajun PHONE: (310) 291-9033 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-032-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and The Flip Masters Grill & Kabob Inc. hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
The Flip Masters Grill & Kabob
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
The Flip Masters Grill & Kabob Inc. 32nd District Agricultural Association 23766 Via Astorga 88 Fair Drive Mission Viejo, CA 92691 Costa Mesa, CA 92626
By______By______
Title: Sean Samii Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-032-16 DATED: February 14, 2016 WITH: The Flip Masters Grill & Kabob PHONE: (714) 747-0147 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-045-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Maca LLC dba The Coconut Truck hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
The Coconut Truck
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Maca LLC dba The Coconut Truck 32nd District Agricultural Association 21971 Calderas 88 Fair Drive Mission Viejo, CA 92691 Costa Mesa, CA 92626
By______By______
Title: Chad Aldrich Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-045-16 DATED: February 14, 2016 WITH: The Coconut Truck PHONE: (949) 735-2389 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-049-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and BrewWings LLC hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
BrewWings
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
BrewWings LLC 32nd District Agricultural Association 824 Roswell Avenue 88 Fair Drive Long Beach, CA 90804 Costa Mesa, CA 92626
By______By______
Title: Stefano Enjem Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-049-16 DATED: February 14, 2016 WITH: BrewWings PHONE: (562) 353-8999 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number FORM F-31 AGREEMENT NO. FT-054-16 DATE February 14, 2016 REVIEWED______FAIRTIME INTERIM XX APPROVED______
RENTAL AGREEMENT
nd THIS AGREEMENT by and between the 32 District Agricultural Association dba OC Fair & Event Center, hereinafter called the Association, and Miyagi Corporation dba Yoshi’s Toasties hereinafter, called the Rentor
WITNESSETH:
1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: from January 1, 2016 to December 31, 2016
2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement:
See Exhibit A
3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever:
Yoshi’s Toasties
4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: DRAFT Event specific payment (see Exhibit A) is due to the OC Fair & Event Center on agreed upon scheduled date and time. Food trucks may only be on site on days as scheduled. Unscheduled trucks will not be allowed to participate in the event. See Exhibit A for planned event days/dates.
5. Please see Exhibits “A” “B” “C” and “E” which are incorporated into and made a part of the Rental Agreement.
6. Association shall have the right to audit and monitor any and all sales as well as access to the premises.
7. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers’ Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted.
8. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder.
9. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association.
10. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto.
11. The Rules and Regulations printed on the reverse side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto.
12. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association.
13. Special Provisions: The Event Sales & Services Policies & Procedures Handbook, available online at ocfair.com, does hereby become a part of this Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and Procedures.
14. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services.
IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written.
Miyagi Corporation dba Yoshi’s Toasties 32nd District Agricultural Association 2855 Pinecreek Drive #B-220 88 Fair Drive Costa Mesa, CA 92626 Costa Mesa, CA 92626
By______Date:______By______Date:______
Title: Yoshio Miyagi Title: Michele Richards, V.P. Business Development
AGREEMENT: FT-054-16 DATED: February 14, 2016 WITH: Yoshi’s Toasties PHONE: (714) 727-5483 EMAIL: [email protected] EXHIBIT "A"
DATE(S) OF CONTRACT: January 1, 2016 - December 31, 2016
RENTOR AGREES:
• To contact the OC Fair & Event Center Communications Department to be scheduled for participation at any event. This contract does not grant admittance to all events. Food trucks must be scheduled to participate. All food truck owner/operators must contact Robin Wachner (Communications Director) by email at [email protected] to be scheduled.
• To contact Robin Wachner at (714) 371-6268 or by email at [email protected] if cancellation of participation in any scheduled event becomes necessary. Food truck owner/operators that cancel to attend another event will be liable for the full space rental fee and possible cancellation in future events, even if a replacement truck is booked. Other cancellations will be considered on a case by case basis.
• To provideDRAFT all required documents (as listed below*) prior to arrival at each event.
• That payment is due at the start of the event.
• That a minimum of one (1) post across social media platforms is required prior to each appearance or the day of the event (Twitter, Facebook, Instagram). Trucks that do not adhere to this policy may be taken off the lineup.
• To apply for and receive a valid Health Permit from the Orange County Health Care Agency before participating in any event. Permits for Food Truck Fare events are valid for same recurring events throughout the calendar year. Separate Health Permits are required for other events of different names (as listed below**).
• To comply with OC Fair & Event Center cash handling guidelines and cash register requirements.
• That violation of any portion of this contract, whether factual or implied, will void contract and be cause for removal from OC Fair & Event Center property.
• That any and all equipment, materials and vehicles will be removed from your assigned operating space at the conclusion of participation at each event.
• That alcohol is prohibited from being sold or consumed unless otherwise specified by OC Fair & Event Center representative.
• That all canned or bottled beverages offered for sale must be approved Pepsi products. No glass bottles permitted. All beverages in glass containers must be poured into disposable cups.
• To stock ice as needed. The OC Fair & Event Center does not provide ice.
• To be on site for entire duration of the event. Be ready to serve at the event start time. Trucks will not be allowed to leave early or arrive late. As all events are rain or shine, please plan accordingly.
**TENTATIVE SCHEDULE OF PLANNED 2016 EVENTS
Event Day/Date Hours Space Rental Fee Food Truck Fare Thursday 11:00 AM - 02:00 PM $35.00 per Event Food Truck Fare (After Dark) Wednesday Nights 05:30 PM - 09:00 PM $50.00 per Event 2016 Imaginology April 15 - 17 09:00 AM - 05:00 PM $50.00 per Day 2016 OC Fair July 15 - August 14 (Day of Week TBD) Noon - 10:00 PM $400.00 per Day
(Space rental fee includes all dessert trucks. Small cart space fee is $45 on Wednesday; $30 on Thursday)
*REQUIRED DOCUMENTS - Must be submitted and received prior to participation in any event. ~Insurance Certificate with State verbiage (as shown in Exhibit B) ~Current W-9 Form ~Megan’s Law Form (All employees working the events must be listed) ~Sellers Permit Number OC FAIR & EVENT CENTER ACTIVE JOINT POWERS AUTHORITY AGREEMENTS As of January 31, 2016 APPROVED JOINT POWERS AUTHORITY PROJECT # PROJECT DATE PROJECT DESCRIPTION PRIMARY CONTRACTOR PROJECT TOTAL
Continuing California Fair Financing Authority 03211031, Const 01/10/12 Pacific Amphitheatre Renovation - Phase I Construction Innovative Construction Solutions $2,022,634.00 California Fair Financing Authority 03211031, Arch 01/18/13 Pacific Amphitheatre Renovation - Architecture MAKE Architecture $575,792.00 California Fair Financing Authority 03211031, Geo 01/18/13 Pacific Amphitheatre Renovation - Geotechnical Willdan Geotechnical $21,001.00 California Fair Financing Authority 03213031/B, Const 08/15/13 Pac Amp Berm Renovation - Phase II CFFA $12,806,857.70 California Fair Financing Authority 03215024 05/29/15 Pac Amp Seat Replacement - Solicitation of Bids CFFA $7,100.00 California Fair Financing Authority 03215050 11/16/15 Pac Amp Seating Installation CFFA $1,198,017.44 California Fair Financing Authority 03215033 08/28/15 Pac Amp Fall Protection - Solicitation of Bids CFFA $7,050.00 California Fair Financing Authority 03215042 12/01/15 Hero's Hall - Building Architecture Design & Construction Documents CFFA $190,900.00 California Fair Financing Authority 03215044 11/16/15 Action Sports Arena Painting - Solicitation of Bids CFFA $6,050.00 California Fair Financing Authority 03215045 11/16/15 Action Sports Arena Roofing Project - Solicitation of Bids CFFA $6,050.00 California Fair Financing Authority 03215048 12/02/15 Century Barn Replacement Project - Solicitation of Bids CFFA $6,050.00 California Fair Financing Authority 03215058 12/18/15 Action Sports Arena Painting Project CFFA $175,176.00 California Fair Financing Authority 03215059 12/18/15 Action Sports Arena Roofing Project CFFA $540,060.00
New California Fair Financing Authority 03215051 12/01/15 Hero's Hall Renovation Project - Solicitation of Bids CFFA $13,750.00
Revision/Amendment
Board of Directors Agenda Report MEETING DATE: FEBRUARY 25, 2016 ITEM NUMBER: 9A
SUBJECT: Committee / Task Force / Liaison Reports
DATE: February 19, 2016
FROM: Gerardo Mouet, Board Chair
PRESENTATION BY: Gerardo Mouet, Board Chair ______
RECOMMENDATION
Information item only.
BACKGROUND
To assure compliance with the Bagley-Keene Act, Committee reports are only for the purpose of the Committee chair, Task Force members or Liaison to provide a verbal update. Should the Board want to discuss any Committee work item not already on the agenda; those would need to be agendized for a future Board meeting.
i. Centennial Farm Foundation Board (Chair Mouet) ii. Heroes Hall Foundation Board (Vice Chair Berardino, Director La Belle) iii. Financial Monitoring Committee (Chair Mouet, Director Bagneris) iv. Workers Memorial Task Force (Vice Chair Berardino, Director Aitken) v. 2016 O C Fair City Liaison Committee (Director La Belle, Director Cervantes) vi. Legislative Monitoring Task Force (Vice Chair Berardino, Director Aitken) vii. Organizational Needs Assessment Task Force (Director La Belle, Director Ruiz) viii. Tenant Liaison Committee (Director Tkaczyk, Director Berardino) ix. Consumer Initiatives Task Force (Director Tkaczyk, Director Bagneris) x. Ticketing Policy Review Task Force (Director Tkaczyk, Director Bagneris)
Board of Directors Agenda Report MEETING DATE: FEBRUARY 25, 2016 ITEM NUMBER: 9B
SUBJECT: Approval of Legislative Representation Services
DATE: February 19, 2016
FROM: Kathy Kramer, CEO
PRESENTATION BY: Kathy Kramer, CEO ______
RECOMMENDATION
Authorize approval to award the legislative representation contract to Joe A. Gonsalves & Son.
BACKGROUND
On February 9, 2016, the bids were reviewed and scored, and Joe A. Gonsalves & Son was the winning bidder.
The contract term will be a three (3) year contract with two (2) option years for a total of one hundred eighty thousand ($180,000.00) for the initial term of the contract.
Board of Directors Agenda Report MEETING DATE: FEBRUARY 25, 2016 ITEM NUMBER: 9C
SUBJECT: Approval of Barbara Venezia for Heroes Hall Veterans Foundation Board
DATE: February 19, 2016
FROM: Director Berardino and Director La Belle
PRESENTATION BY: Director Berardino and Director La Belle ______
RECOMMENDATION
At the Board of Directors’ discretion
BACKGROUND
The Heroes Hall Veterans Foundation Bylaws require approval of Board Members by the OC Fair & Event Center Board of Directors. Barbara Venezia is being presented for approval by the OCFEC Board as a new appointee to the Heroes Hall Veterans Foundation.
Board of Directors Agenda Report MEETING DATE: FEBRUARY 25, 2016 ITEM NUMBER: 9D
SUBJECT: Consumer Initiatives Task Force Recommendation for 2016 Concessionaire Commission Percentage
DATE: February 19, 2016
FROM: Kathy Kramer, CEO
PRESENTATION BY: Kathy Kramer, CEO ______
RECOMMENDATION
To increase the 2016 concessionaire commission from 24% to 25%.
BACKGROUND
Staff worked with the Consumer Initiatives Task Force to review the OC Fair historical operating data as well as the concessionaire commission structure of like- sized California fairs. The OC Fair historical operating data indicates that the concessionaire commission rate has been at 24% since 2012. Prior to that the last increase was in 2005 and 2009, in which a one percentage (1%) point increase were taken for each of these periods.
Currently San Diego County Fair concessionaire commission is 25% and the LA County Fair ranges from 26% - 30%.
This commission increase will contribute in offsetting increased operating costs and support increased marketing efforts.
All 2016 concessionaire contracts will be a template document reflecting this increase.
Board of Directors Agenda Report MEETING DATE: FEBRUARY 25, 2016 ITEM NUMBER: 9E
SUBJECT: Centennial Farm Foundation MOU
DATE: February 18, 2016
FROM: Michele Richards, VP Business Development
PRESENTATION BY: Michele Richards, VP Business Development ______
RECOMMENDATION
Information Item
BACKGROUND
At the January, 2016 meeting of the Board of Directors, Board Chair Mouet suggested developing a Memorandum of Understanding between the OC Fair & Event Center and its two Foundations – the Centennial Farm Foundation and the Heroes Hall Foundation.
A Memorandum of Understanding serves to define the relationship between two organizations and to outline mutually agreed upon expectations of both.
Staff has worked with legal counsel to develop an MOU between the Centennial Farm Foundation and OCFEC which will be presented to the Foundation Board of Directors for review and approval at their February 25, 2016 meeting.
Highlights from the MOU include:
Purpose of the MOU To collaborate in good faith and to develop and implement a strategic plan that is designed to fulfill mutually agreed-upon fundraising goals and priorities of District and the Foundation for the benefit of Centennial Farm. To share all information regarding grants, advertising and donations sought, solicited and secured by each of the Parties for Centennial Farm with the intent of working collaboratively to streamline solicitations and to ensure no duplication of fund raising tasks or efforts. Term The term of the MOU shall be for a 5-year period and shall automatically be extended for an additional 5-year term unless terminated earlier by either Party in accordance with the terms of the MOU.
Key District Obligations: Communicate priorities and long-term plans for Centennial Farm. Act as sole operator of Centennial Farm including having exclusive right to secure sponsorships for the farm. Allow Foundation a limited non-exclusive right to use District’s name and logo. In accordance with State Law and FPPC Rules, District will comply with ticket distribution policy. Allow Foundation presence in a mutually agreed location during the annual OC Fair as well as space for Foundation to conduct monthly meetings.
Key Foundation Obligations: District staff will serve as liaison to the Foundation Board of Directors. Foundation will focus efforts on obtaining private support for Centennial Farm and will make an annual financial contribution of $45,000 for operational expenses of Centennial Farm. Provide a copy of the annual audit by an independent accounting firm of the Foundation’s financial and operational records to the District. Maintain required insurance coverage.
Next steps will involve presenting a final MOU for approval by the OCFEC Board of Directors, then working with the Heroes Hall Veterans Foundation on a similar MOU.
Board of Directors Agenda Report MEETING DATE: FEBRUARY 25, 2016 ITEM NUMBER: 9F
SUBJECT: Heroes Hall Construction Project
DATE: February 19, 2016
FROM: Ken Karns, VP Operations
PRESENTATION BY: Ken Karns, VP Operations ______
RECOMMENDATION
Authorize CFFA to award the construction contract to the lowest qualified bidder for completion of the Heroes Hall project and approve the LOU with CFFA.
BACKGROUND
On February 19, 2016 the OC Fair & Event Center and CFFA opened bids received for the construction of the Heroes Hall project. Ten (10) bids were received; all but one bid contained all of the required forms.
Staff was pleased to learn that between the three (3) lowest bidders, there was only a $105,228 spread, less than 3.5% of each bid total.
As of the date of this Staff Report, CFFA is conducting their due diligence and at the February 25, 2016 meeting, the Board will be presented with the apparent low bidder.
In addition, the LOU with CFFA will be presented at the February 25, 2016.Board meeting.
Board of Directors Agenda Report MEETING DATE: FEBRUARY 25, 2016 ITEM NUMBER: 9G
SUBJECT: Legal Fees Paid to Date by Association for the Formation of Heroes Hall Veterans Foundation
DATE: February 19, 2016
FROM: Kathy Kramer, CEO
PRESENTATION BY: Kathy Kramer, CEO ______
RECOMMENDATION
Action Item
BACKGROUND
On February 27, 2014, the Board of Directors passed the following motion:
ACTION: Director Berardino motioned and Director La Belle seconded to authorize Manatt, Phelps and Phillips to work with staff and the Task Force to establish a 501(c)3 non-profit organization to allow for fundraising for large-scale education and agriculture-related projects at the OC Fair & Event Center, including the future Veterans Exhibit. MOTION PASSED WITH DIRECTOR DODGE AND DIRECTOR JAHANGIRI VOTING NO
At the time of the 2014 staff report, the cost estimate of $12-15,000 was a preliminary estimate of legal fees. To date the Association has spent $42,508.66 with Manatt, Phelps & Phillips, LLP in forming this foundation.
Board of Directors Agenda Report MEETING DATE: FEBRUARY 25, 2016 ITEM NUMBER: 9H
SUBJECT: OC Market Place Rental Agreement Assignment and Spectra Contract Extension
DATE: February 19, 2016
FROM: Kathy Kramer, CEO
PRESENTATION BY: Kathy Kramer, CEO ______
RECOMMENDATION
Action Item
BACKGROUND
1. Requesting Board approval of negotiations between Spectra and Tel Phil for the purchase of the OC Market Place by Spectra from Tel Phil. The requested approval is limited to negotiations.
2. Request Board approval for Contract Extension for Spectra, the Association's master concessionaire, subject to Spectra's purchase of the OC Market Place from Tel Phil. Spectra's contract currently expires December 31, 2017. The extension would be for six years, through December 31, 2023.